Education Code — Part 7 | EDC — United States — California law | Esheria

Education Code

Part 7 of 57 · provisions 1,201–1,400

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This chapter is named the Public Education Facilities Bond Act of 1996 and may be cited by that name. This section lets California education entities and teacher-training institutions make agreements or contracts to exchange or assign personnel, with assignments limited to one year. A specified $2,012,035,000 of bond proceeds must be deposited into the State School Building Lease-Purchase Fund. Money in the State School Building Lease-Purchase Fund must be used to provide aid and reimburse specified education and bond-expense funds. An agreement under Section 10000 must allow certain California State University and district teaching employees to take on each other’s duties.

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Provisions of Education Code

Showing 200 of 11,236

  1. 17070.33.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The board must adopt school-facility cost-reduction guidelines by June 30, 1999, and school districts in the stated funding situations must consider them as fully as practicable.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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. (b) The guidelines shall include, but need not be limited to, all of the following: (1) Mechanisms designed to reduce the costs of professional fees. (2) Mechanisms designed to reduce the costs of site preparation. (3) Recommendations for the use of alternate cost-saving construction materials and methods. (4) Recommendations regarding the joint use of core facilities. (5) Mechanisms designed to reduce costs by incorporating efficiencies in schoolsite design. (6) Recommendations regarding the use of cost-effective, efficient reusable facility plans. (c) If a school district’s matching funds include fees charged pursuant to Section 17620 or pursuant to Section 65995.5 or 65995.7 of the Government Code, or if a district receives funds pursuant to this chapter, the district shall consider the guidelines developed pursuant to this section as fully as is practicable. (d) When the board adopts the guidelines, it shall not include any recommendation that would have a significant detrimental effect on educational programs. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  2. 17070.35.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The board must adopt and manage regulations for this chapter, publish needed procedures and policies, determine school district eligibility for apportionments, and distribute funds to eligible districts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 all of the following: (1) Adopt rules and regulations, pursuant to the rulemaking provisions of the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, for the administration of this chapter. However, the board shall have no authority to set the level of the fees of any architect, structural engineer, or other design professional on any project. The initial regulations adopted pursuant to this chapter shall be adopted as emergency regulations, and the circumstances related to the initial adoption are hereby deemed to constitute an emergency for this purpose. The initial regulations adopted pursuant to this chapter shall be adopted by November 4, 1998. If the initial regulations are not adopted by that date, the board shall report to the Legislature by that date, explaining the reasons for the delay. (2) Establish and publish any procedures and policies in connection with the administration of this chapter as it deems necessary. (3) Determine the eligibility of school districts to receive apportionments under this chapter. (4) Apportion funds to eligible school districts under this chapter. (b) The board shall review and amend its regulations as necessary to adjust its administration of this chapter to conform with the act that amended this section to add this subdivision. Regulations adopted pursuant to this subdivision shall be adopted by November 5, 2002, and shall be adopted as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of any emergency regulation pursuant to this subdivision filed with the Office of Administrative Law shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, any emergency regulation adopted pursuant to this section shall remain in effect for no more than 365 days unless the board has complied with Sections 11346.2 to 11348, inclusive, of the Government Code. (Amended by Stats. 2002, Ch. 33, Sec. 2. Effective April 29, 2002.)
  3. 17070.40.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    This section creates several State School Facilities Funds and lets the board apportion and disburse fund money for this chapter, subject to stated limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter. (2) The board may apportion funds to school districts for the purposes of this chapter from funds transferred to the 1998 State School Facilities Fund from any source. (3) The board may make apportionments in amounts not exceeding those funds on deposit in the 1998 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer. (4) The board may make disbursements pursuant to any apportionment made from any funds in the 1998 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 1998 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund. (b) (1) A fund is hereby established in the State Treasury to be known as the 2002 State School Facilities Fund. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter. (2) The board may apportion funds to school districts for the purposes of this chapter from funds transferred to the 2002 State School Facilities Fund from any source. (3) The board may make apportionments in amounts not exceeding those funds on deposit in the 2002 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer. (4) The board may make disbursements pursuant to any apportionment made from any funds in the 2002 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2002 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund. (c) (1) A fund is hereby established in the State Treasury to be known as the 2004 State School Facilities Fund. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter. (2) The board may apportion funds to school districts for the purposes of this chapter from funds transferred to the 2004 State School Facilities Fund from any source. (3) The board may make apportionments in amounts not exceeding those funds on deposit in the 2004 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer. (4) The board may make disbursements pursuant to any apportionment made from any funds in the 2004 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2004 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund. (d) (1) A fund is hereby established in the State Treasury, to be known as the 2006 State School Facilities Fund. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter. (2) The board may apportion funds to school districts for the purposes of this chapter from funds transferred to the 2006 State School Facilities Fund from any source. (3) The board may make apportionments in amounts not exceeding those funds on deposit in the 2006 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer. (4) The board may make disbursements pursuant to any apportionment made from any funds in the 2006 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2006 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund. (Amended by Stats. 2006, Ch. 35, Sec. 1. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35, and adoption of Prop. 1D.)
  4. 17070.41.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    This section creates the 2016 State School Facilities Fund and lets the board apportion and disburse money from it, subject to the stated limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter. (b) The board may apportion funds to school districts for the purposes of this chapter, as it read on January 1, 2015, from funds transferred to the 2016 State School Facilities Fund from any source. (c) The board may make apportionments in amounts not exceeding those funds on deposit in the 2016 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer. (d) The board may make disbursements pursuant to any apportionment made from any funds in the 2016 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2016 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund. (Added November 8, 2016, by initiative Proposition 51, Sec. 2.)
  5. 17070.42.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    A state fund is established for school facilities, and the board may use it to make apportionments and disbursements within the stated limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 deposited in the fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter. (b) The board may make apportionments in amounts not exceeding those funds on deposit in the 2024 State School Facilities Fund, and any amount of bonds authorized by the committee, excluding any amount of refunding bonds authorized by the committee in accordance with Section 101430, but not yet sold by the Treasurer. (c) The board may make disbursements pursuant to any apportionment made from any funds in the 2024 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2024 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. No disbursement shall be made from any funds required by law to be transferred to the General Fund. (Added by Stats. 2024, Ch. 81, Sec. 2. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  6. 17070.43.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    This section establishes a county school facilities fund in each county treasury and lets the board authorize transfers into it; a recipient school district may use the county fund only for qualifying school facilities expenditures.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 from time to time authorize the Controller to transfer any funds that the board may deem necessary from the 1998 State School Facilities Fund, the 2002 State School Facilities Fund, the 2004 State School Facilities Fund, the 2006 State School Facilities Fund, the 2016 State School Facilities Fund, or the 2024 State School Facilities Fund, as the case may be, to the corresponding county fund in the county treasury. Interest on all funds deposited in the county fund shall be retained in that fund. (c) Funds may be expended from the county fund by the recipient school district for qualifying school facilities expenditures set forth in Sections 17072.35 and 17074.25. (Amended by Stats. 2024, Ch. 81, Sec. 3. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  7. 17070.45.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    This chapter does not change the powers or duties of the State Department of Education or the Department of General Services about schoolsites and school building construction, as described in the cited parts of Part 10.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 schoolsites and the construction of school buildings as contained in Chapter 1 (commencing with Section 17211) and Chapter 3 (commencing with Section 17251) of Part 10.5. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  8. 17070.46.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    For projects funded under this chapter, several state agencies are not the lead agency under the California Environmental Quality Act.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code): (1) The board. (2) The Department of General Services. (3) The Office of the State Architect. (4) The Office of Public School Construction. (5) The State Department of Education, except as appropriate for projects relating to the California School for the Deaf and the California School for the Blind. (b) This section is declaratory of existing law. (Added by Stats. 2002, Ch. 935, Sec. 1. Effective January 1, 2003.)
  9. 17070.50.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The board may not apportion funds to a school district unless the district has certified competitive procurement of design professionals and obtained written State Department of Education approval for site selection and building plans/specifications.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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, structural engineer, or other design professional for any work under the project have been obtained pursuant to a competitive process that is consistent with the requirements of Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code and has obtained the written approval of the State Department of Education that the site selection, and the building plans and specifications, comply with the standards adopted by the department pursuant to subdivisions (b) and (c), respectively, of Section 17251. (Amended by Stats. 1999, Ch. 992, Sec. 1. Effective January 1, 2000.)
  10. 17070.51.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    If school project funding information is falsely certified, the board must be notified and can impose penalties, including repayment and a temporary self-certification ban.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 professionals, hereinafter referred to as a material inaccuracy, the Office of Public School Construction shall notify the board. (b) The board shall impose the following penalties if an apportionment and fund release has been made based upon information in the project application or related materials that constitutes a material inaccuracy. (1) Pursuant to a repayment schedule that is approved by the board of no more than five years, the school district shall repay to the board, for deposit into the 1998 State School Facilities Fund, the 2002 State School Facilities Fund, the 2004 State School Facilities Fund, or the 2024 State School Facilities Fund, as the case may be, an amount proportionate to the additional funding received as a result of the material inaccuracy including interest at the rate paid on moneys in the Pooled Money Investment Account or at the highest rate of interest for the most recent issue of state general obligation bonds as established pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, whichever is greater. (2) The board shall prohibit the school district from self-certifying certain project information for any subsequent applications for project funding for a period of up to five years following the date of the finding of a material inaccuracy or until the district’s repayment of the entire amount owed under paragraph (1). Although a school district that is subject to this paragraph may not self-certify, the school district shall not be prohibited from applying for state funding under this chapter. The board shall establish an alternative method for state or independent certification of compliance that shall be applicable in these cases. The process shall include, but shall not be limited to, procedures for payment by the school district of any increased costs associated with the alternative certification process. (c) For school districts found to have provided material inaccuracies when a funding apportionment has occurred, but no fund release has been made, the board shall direct its staff to reduce the apportionment as necessary to reflect the actual nature of the project and to disregard the inaccurate information or material, and paragraph (2) of subdivision (b) shall apply. (d) For those school districts found to have provided material inaccuracies when no funding apportionment or fund release has been made, the inaccurate information or materials shall not be considered, and paragraph (2) of subdivision (b) applies. The project may continue if the application, minus the inaccurate materials, is still complete. (Amended by Stats. 2024, Ch. 81, Sec. 4. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  11. 17070.52.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The State Department of Education must add specified career technical education questions to its new construction plan approval application, keep district answers publicly accessible, and send quarterly summaries to the Office of Public School Construction, which must post them online promptly.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 Section 17070.50 the following questions: “Does the project include a school that will have a career technical education component and classroom space to accommodate that career technical education program? If not, how will the school district meet the needs for career technical education of pupils housed by the proposed new school facilities?” “How is the need for vocational and career technical education facilities, as required pursuant to Section 17070.955 of the Education Code, identified?” (b) The State Department of Education shall maintain the answers to the questions required by subdivision (a) that have been received from applicant school districts in a publicly accessible manner and shall provide a summary of the responses to the Office of Public School Construction on a quarterly basis. The Office of Public School Construction shall post each summary on its Web site as soon as possible after receiving it. (Added by Stats. 2007, Ch. 519, Sec. 1. Effective January 1, 2008.)
  12. 17070.53.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The Office of Public School Construction must report to the board and the Legislature by March 1, 2015, on efforts to speed up seismic mitigation funds, and the report must follow Government Code Section 9795.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 seismic mitigation funds. (b) The report required to be submitted to the Legislature shall be submitted in accordance with Section 9795 of the Government Code. (c) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date. (Added by Stats. 2014, Ch. 39, Sec. 1. (SB 869) Effective June 20, 2014.)
  13. 17070.54.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    A school district must submit and update a five-year school facilities master plan to participate in the school facilities program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 plan, or updated five-year school facilities master plan, approved by the governing board of the school district. (b) The school facilities master plan submitted pursuant to subdivision (a) shall include information on the school district’s eligibility for state bond funding pursuant to this chapter. (c) The school facilities master plan shall include, but is not limited to, all of the following information: (1) An inventory of existing facilities, sites, and property pursuant to subdivision (d). (2) Existing classroom capacity, as determined pursuant to Sections 17071.10 and 17071.25. (3) Projected enrollment growth for the applicable school district over the next five years, accounting for growth pursuant to Sections 17071.75 and 17071.76. (4) A capital planning budget outlining the applicable school district’s projects. (5) The financing and other funding sources that would be used to support the acquisition of the applicable schoolsite, new construction project, modernization project, and lead testing and remediation projects. (6) Verification of the applicable school district’s current assessed value from the appropriate local government entity that collects and maintains this information. (7) The school district’s deferred maintenance plan certified pursuant to Section 17070.75. (8) A narrative describing how the school facilities master plan is consistent with the goals, actions, and services identified in the school district’s local control and accountability plan for the first state priority, as described in paragraph (1) of subdivision (d) of Section 52060, as it relates to school facilities. (d) The department, in consultation with the State Department of Education, shall develop guidelines that school districts may use to guide the development of the school facilities master plan required as a condition of participating in the school facilities program. The department, in consultation with the State Department of Education, shall develop guidelines or standards that school districts shall use to develop and submit the inventory required pursuant to paragraph (1) of subdivision (c) for every school in the school district, including, but not limited to, all of the following: (1) The year each building at the school that is currently used for instructional purposes was constructed. (2) The square footage of each building that is currently used for instructional purposes. (3) The year, if any, each building that is currently used for instructional purposes was last modernized. (4) The pupil capacity of the school. (5) The age and number of portable buildings at the school. (6) Whether the school has any of the following: (A) A cafeteria or multipurpose room. (B) A library. (C) A gymnasium. (e) The Controller shall include the instructions necessary to verify that all of the required components of this section are reflected in a participating school district’s school facilities master plan in the audit guide required by Section 14502.1, as part of the audit procedures required pursuant to Section 41024. (f) The school district shall update its school facilities master plan to reflect any changes in enrollment, capacity, or other areas, as appropriate for purposes of participating in the school facilities program. (Added by Stats. 2024, Ch. 81, Sec. 5. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  14. 17070.55.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    If a school district asks, the State Department of Education must help evaluate and use existing school facilities and justify the need for schoolsites, new facilities, or replacement/rehabilitation of existing facilities.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 and the justification of the need for schoolsites, new facilities, and the rehabilitation or replacement of existing facilities, in accordance with board regulations. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  15. 17070.59.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    This section gives school districts point scores used to calculate required local matching funds, and tells the department how to score different bonding capacity, pupil percentage, enrollment, and project labor agreement factors.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 department shall compute the sum of the following point computations applicable to each school district: (a) For each school district, the department shall divide the district’s gross bonding capacity by the district’s total enrollment, as determined for purposes of this chapter. (1) A school district determined to have a gross bonding capacity per enrollment of zero dollars ($0) to nine thousand nine hundred ninety-nine dollars ($9,999), inclusive, shall receive four points. (2) A school district determined to have a gross bonding capacity per enrollment of ten thousand dollars ($10,000) to nineteen thousand nine hundred ninety-nine dollars ($19,999), inclusive, shall receive three points. (3) A school district determined to have a gross bonding capacity per enrollment of twenty thousand dollars ($20,000) to fifty-four thousand nine hundred ninety-nine dollars ($54,999), inclusive, shall receive two points. (4) A school district determined to have a gross bonding capacity per enrollment of fifty-five thousand dollars ($55,000) or more shall receive one point. (b) (1) For each school district, the department shall identify each district’s unduplicated pupil percentage as determined for purposes of the local control funding formula pursuant to Section 42238.02. (2) (A) A school district determined to have an unduplicated pupil percentage of between 75 percent and 100 percent shall receive eight points. (B) A school district determined to have an unduplicated pupil percentage of between 50 percent and 74.99 percent shall receive six points. (C) A school district determined to have an unduplicated pupil percentage of between 25 percent and 49.99 percent shall receive four points. (D) A school district determined to have an unduplicated pupil percentage that is 24.99 percent or less shall receive two points. (c) A school district that has a pupil enrollment of 200 pupils or fewer shall receive two points. (d) (1) A school district project that includes the use of a project labor agreement shall receive two points. (2) For purposes of this subdivision, “project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (e) The department shall draft regulations for consideration by the board to further clarify the requirements of this section. (Added by Stats. 2024, Ch. 81, Sec. 6. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  16. 17070.60.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    Board funding decisions do not, by themselves, make the board liable for damages tied to school district construction or modernization; the school district remains liable for its own torts and contract breaches.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 a school district arising from new construction or modernization by the district. These contracts include, but are not limited to, contracts between the school district and its construction contractors, construction managers, architects, or engineers. The school district shall be liable for all torts, breaches of contract, or any other actions for damages caused by the school district. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  17. 17070.63.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    A school district receiving funds under this chapter must certify that the grant plus local funds will be enough to finish the project, and certain funds cannot be counted as the local match for another article in the chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 facilities funding represented by the number of unhoused pupils for which the school district is receiving the state grant. As a condition of receipt of funds, a school district shall certify that the grant amount, combined with local funds, shall be sufficient to complete the school construction project for which the grant is intended. (b) Any funds provided to a school district under any article in this chapter may not be counted towards the local match for receipt of funds under any other article in this chapter. (c) Any savings achieved by the district’s efficient and prudent expenditure of these funds shall be retained by the district in the county fund for expenditure by the district for other high priority capital outlay purposes. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  18. 17070.65.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The board must make available needed funds to the Director of General Services, subject to the stated funding source and Budget Act approval.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 shall make available to the Director of General Services the amounts that the board determines necessary for the Department of General Services to provide the assistance, pursuant to this chapter, required pursuant to Section 15504 of the Government Code to facilitate the construction, modernization, reconstruction, or alteration of, or addition to, school buildings. (Amended by Stats. 2002, Ch. 33, Sec. 6. Effective April 29, 2002.)
  19. 17070.70.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The school district must hold title to property bought, built, or improved with these funds, and the applicant school district must comply with construction-related laws.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 made available under this chapter shall be held by the school district to which the board grants the funds. Title, as defined solely for the purpose of a school district’s eligibility to receive funds from the board pursuant to this chapter shall include an order for prejudgment possession issued by a court in an eminent domain proceeding. (b) The applicant school district shall comply with all laws pertaining to the construction, reconstruction, or alteration of, or addition to, school buildings. (c) Notwithstanding Section 17009.5, construction or modernization funds made available pursuant to this chapter may be expended upon property that is leased to the applicant school district only if the project qualified for and received approval by the board, prior to November 4, 1998, pursuant to Article 4 (commencing with Section 17055), of Chapter 12. (Amended by Stats. 2002, Ch. 33, Sec. 7. Effective April 29, 2002.)
  20. 17070.71.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    School construction or modernization may be on leased property if the lease-term and ownership conditions are met; the district must comply with construction laws, and lease costs do not count as eligible project costs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 the applicant school district if all of the following conditions are met: (1) The property is leased from another governmental entity. (2) The term of the lease is for at least 40 years after approval of the project under this chapter, or the school district has a lease for at least 25 years on federal property. The board may authorize a lesser term, of not less than 30 years only if the board finds that granting an exception to this requirement would be in the state’s best interest. (b) The applicant school district, and the facility on leased land, if any, shall comply with all laws pertaining to the construction, reconstruction, or alteration of, or addition to, schoolsites and school buildings. (c) Lease costs are not eligible project or site acquisition costs under this chapter. (Added by Stats. 2000, Ch. 530, Sec. 1. Effective September 19, 2000.)
  21. 17070.73.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    A school district may count the full attendance of a charter school only if the charter school is physically within the district, and it must not count attendance from charter schools outside the district.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 per-pupil eligibility calculation in support of a project for school facilities pursuant to this chapter. (b) A school district shall not include the attendance of pupils attending a charter school that is physically located outside of the geographical jurisdiction of the school district, within the per-pupil eligibility calculation in support of an application for a project pursuant to this chapter. (c) The requirements and conditions for funding charter school facilities in this section and in Article 12 (commencing with Section 17078.50) are intended to regulate only the funding of facilities under this chapter, and are not intended to expand, narrow, or raise any inference regarding, the nature or scope of any other law that is applicable to charter school governance, organization, or operation. (d) Subdivisions (a) and (b) apply only to projects funded with the proceeds of state bonds approved by the voters after January 1, 2002. (Added by Stats. 2002, Ch. 935, Sec. 2. Effective January 1, 2003.)
  22. 17070.75.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    School districts must maintain funded projects in good repair, set up a restricted maintenance account, make required deposits, and certify a maintenance plan; some districts must also certify lesser maintenance capability and create a facilities inspection system.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 in good repair, working order, and condition. All costs incurred for this purpose shall be borne by the school district. (b) In order to ensure compliance with subdivision (a) and to encourage school districts to maintain all buildings under their control, the board shall require an applicant school district to do all of the following before the approval of a project: (1) Establish a restricted account within the general fund of the school district for the exclusive purpose of providing moneys for ongoing and major maintenance of school buildings, according the highest priority to funding for the purposes set forth in subdivision (a). Funds in the account may be used for drought mitigation purposes related to the implementation of Executive Order B-29-15. (2) (A) Agree to deposit into the account established pursuant to paragraph (1), in each fiscal year for 20 years after receipt of funds under this chapter, a minimum amount equal to or greater than 3 percent of the total general fund expenditures of the applicant school district, including other financing uses, for that fiscal year. (B) Notwithstanding subparagraph (A), for the 2015–16 and 2016–17 fiscal years, the minimum amount required to be deposited into the account established pursuant to paragraph (1) shall be the lesser of the following amounts: (i) Three percent of the total general fund expenditures for that fiscal year. (ii) The amount that the school district deposited into the account in the 2014–15 fiscal year. (C) Notwithstanding subparagraph (A), for the 2017–18 to 2019–20 fiscal years, inclusive, the minimum amount required to be deposited into the account established pursuant to paragraph (1) shall be the greater of the following amounts: (i) The lesser of 3 percent of the general fund expenditures for that fiscal year or the amount that the school district deposited into the account in the 2014–15 fiscal year. (ii) Two percent of the total general fund expenditures of the applicant school district for that fiscal year. (D) A school district contribution to the account may be provided in lieu of meeting the ongoing maintenance requirements pursuant to Section 17014 to the extent the funds are used for purposes established in that section. A school district that serves as the administrative unit for a special education local plan area may elect to exclude from its total general fund expenditures, for purposes of this paragraph, the distribution of revenues that are passed through to participating members of the special education local plan area. (E) This paragraph applies only to the following school districts: (i) High school districts with an average daily attendance greater than 300 pupils. (ii) Elementary school districts with an average daily attendance greater than 900 pupils. (iii) Unified school districts with an average daily attendance greater than 1,200 pupils. (F) It is the intent of the Legislature that a school district shall be required to comply with the requirements of subparagraph (A) in the year in which the local control funding formula is fully implemented. (3) Certify that it has publicly approved an ongoing and major maintenance plan that outlines the use of the funds deposited, or to be deposited, pursuant to paragraph (2). The plan may provide that the school district need not expend all of its annual allocation for ongoing and major maintenance in the year in which it is deposited if the cost of major maintenance requires that the allocation be carried over into another fiscal year. However, any state funds carried over into a subsequent year may not be counted toward the annual minimum contribution by the school district. (c) A school district to which paragraph (2) of subdivision (b) does not apply shall certify to the board that it can reasonably maintain its facilities with a lesser level of maintenance. (d) For purposes of calculating a county office of education requirement pursuant to this section, the applicable maintenance requirement specified in paragraph (2) of subdivision (b) shall be based upon the county office of education general fund less any restricted accounts. (e) (1) This subdivision shall only apply to a school district that received funds pursuant to this chapter equal to or greater than 10 percent of the State School Facilities Funds of 1998, 2002, 2004, and 2006. (2) Notwithstanding subparagraphs (B) and (C) of paragraph (2) of subdivision (b), a school district shall comply with the requirements of subparagraph (A) of paragraph (2) of subdivision (b) if the amount available in any fiscal year for the public school system pursuant to Section 8 of Article XVI of the California Constitution is equal to or greater than the amount available in the prior fiscal year, unless a school district has locally negotiated an alternative minimum annual deposit percentage in a collective bargaining agreement with the representatives of the school district’s skilled crafts employees. (3) Under no circumstances shall a school district deposit less than the amounts required in subparagraphs (B) and (C) of paragraph (2) of subdivision (b). (4) This subdivision shall be operative from July 1, 2015, until June 30, 2020. (f) As a condition of participation in the school facilities program, for a fiscal year after the 2004–05 fiscal year, a school district shall establish a facilities inspection system to ensure that each of its schools is maintained in good repair. (g) For purposes of this section, “good repair” has the same meaning as specified in subdivision (d) of Section 17002. (Amended by Stats. 2015, Ch. 386, Sec. 9. (SB 436) Effective January 1, 2016.)
  23. 17070.755.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    Funds from the restricted account must be used first to keep school facilities, including pupil restroom facilities, functional and in line with generally applicable local hygiene standards.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 limited to, restroom facilities for pupils, are functional and that they meet local hygiene standards generally applicable to public facilities. (Added by Stats. 2003, Ch. 358, Sec. 1. Effective January 1, 2004.)
  24. 17070.76.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    For the 2003–04 fiscal year, the board may require a school district to deposit only 2% of the district’s total general-fund expenditures into the specified account.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 to paragraph (1) of subdivision (b) of Section 17070.75 an amount equal to 2 percent of the total expenditures by a district from its general fund in the 2003–04 fiscal year. (Added by Stats. 2003, Ch. 227, Sec. 8. Effective August 11, 2003.)
  25. 17070.766.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    For the listed fiscal years, the board must require a school district to deposit only 1% of its general-fund expenditures into the specified account, unless the district maintains its facilities in good repair. A district may choose to deposit more.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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, the board shall require a school district to deposit into the account established pursuant to paragraph (1) of subdivision (b) of Section 17070.75 only an amount equal to 1 percent of the total expenditures by a district from its general fund in the 2008–09, 2009–10, 2010–11, 2011–12, 2012–13, 2013–14, and 2014–15 fiscal years respectively, but if the school district maintains its facilities in good repair, as defined in Section 17002, it shall be exempt from this 1 percent requirement. A school district may elect to deposit into the account an amount that is greater than the amount required by the board pursuant to this section. (Amended by Stats. 2011, Ch. 7, Sec. 16. (SB 70) Effective March 24, 2011.)
  26. 17070.77.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The board must require school district governing boards to certify compliance with the maintenance plan, and the plan must include specified maintenance, scheduling, cost, reserve, review, inspection, and budgeting components.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 district’s annual budget process and beginning in the fiscal year in which the project is funded by the state, that it is in compliance with the plan adopted pursuant to paragraph (3) of subdivision (b) of Section 17070.75 for completing major maintenance requirements for the project. (b) For purposes of this chapter, the term “major maintenance” means all actions necessary to keep roofing, siding, painting, floor and window coverings, fixtures, cabinets, heating and cooling systems, landscaping, fences, and other items designated by the governing board of the school district in good repair. (c) The board shall require the school district’s governing board to certify that the plan includes and is being implemented with all of the following components: (1) Identification of the major maintenance needs for the project. (2) Specification of a schedule for completing the major maintenance. (3) Specification of a current cost estimate for the scheduled major maintenance needs. (4) Specification of the school district’s schedule for funding a reserve to pay for the scheduled major maintenance needs. (5) Review of the plan annually, as a part of the school district’s annual budget process, and update, as needed, the major maintenance needs, the estimates of expected costs, and any adjustments in funding the reserve. (6) Availability for public inspection of the original plan, and all updated versions of the plan, at the office of the superintendent of the school district during the working hours of the school district. (7) Provision in the school district’s annual budget for the reserve that contains the total funding available for scheduled major maintenance needs as specified in the updated plan, and an explanation if this amount of the reserve is less than that specified in the updated plan. (Added by Stats. 2001, Ch. 194, Sec. 1. Effective January 1, 2002.)
  27. 17070.80.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

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    School facilities for pupils with exceptional needs must be designed and integrated to maximize interaction with other pupils, and a waiver is available only through a specified approval process.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 needs, as defined in Section 56026, shall be designed and located on the schoolsite so as to maximize interaction between those individuals with exceptional needs and other pupils as appropriate to the needs of both. (b) The governing board of each applicant school district and the county office of education shall ensure that school facilities for pupils who are individuals with exceptional needs are integrated with other school facilities. (c) The State Allocation Board, after consultation with the State Department of Education and representatives from county offices of education, special education services regions, and school districts, shall develop and adopt any regulations necessary to implement this section. (d) Notwithstanding any other provision of law, the requirement set forth in subdivision (a) may be waived, by the Superintendent of Public Instruction, only upon compliance with the following procedure: (1) The applicant school district or county superintendent of schools shall file a written request for waiver that documents the reasons for its inability to comply with the requirement. (2) The State Department of Education shall verify the reasons set forth pursuant to paragraph (1), including the documentation submitted, which verification shall be completed no later than 30 days after the filing of the request for waiver with the Superintendent of Public Instruction. (3) The Advisory Commission on Special Education, as established under Section 33590, at its first scheduled meeting following the verification conducted pursuant to paragraph (2), shall review the request for waiver, accompanying documentation, and the verification findings of the State Department of Education. No later than 15 days following the date of that meeting, the commission shall submit its written comments and recommendations regarding the request for waiver to the Superintendent of Public Instruction. (4) The Superintendent of Public Instruction shall review the comments and recommendations submitted by the Advisory Commission on Special Education prior to approving or rejecting the request for waiver. (5) Any request for waiver, submitted in accordance with this section, that is not rejected within 60 days of its receipt by the State Department of Education, shall be deemed approved. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  28. 17070.85.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    Liens recorded on school district property under Sections 16019 or 17030 must be released on the section’s operative date, and no such liens may be imposed on or after November 4, 1998.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 released on the operative date of this section. The release shall conclusively protect any third party relying upon the same, and shall be acknowledged to permit recordation by the county recorder. On and after November 4, 1998, a lien may not be imposed pursuant to Section 16019 or Section 17030. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  29. 17070.87.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    Applications for new construction or modernization submitted before October 31, 2024 must be processed and apportioned under the chapter as it read on January 1, 2024.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 17070.87. New construction and modernization applications submitted before October 31, 2024, shall be processed and apportioned in accordance with this chapter, as it read on January 1, 2024. (Added by Stats. 2024, Ch. 81, Sec. 7. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  30. 17070.90.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    A school district must certify, as part of its application, that it considered joint use of land and facilities with other governmental entities to help minimize school facilities costs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 governmental entities in order to minimize school facilities costs. Funds provided pursuant to this chapter for growth and modernization may be used for the school portion of joint-use facilities. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  31. 17070.95.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    A school district applying for large construction or modernization projects must certify that it considered vocational and career technical facilities, and it must do so in consultation with the advisory committee. The board must adopt regulations to administer this section.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 education advisory committee established pursuant to Section 8070, that it has considered the need for vocational and career technical facilities to adequately meet its program needs consistent with Section 51224, subdivision (b) of Section 51225.3, and Section 52336.1. The board shall adopt regulations necessary for administration of this section. (Added by Stats. 2002, Ch. 33, Sec. 8. Effective April 29, 2002.)
  32. 17070.955.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    When a school district applies for a construction or modernization project, the district’s career technical education advisory committee must provide written confirmation about whether vocational and career technical facilities needs are being adequately met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 the project, the career technical education advisory committee for the district shall provide written confirmation that the need for vocational and career technical facilities is being adequately met within the district consistent with Section 51224, subdivision (b) of Section 51225.3, subdivision (b) of Section 51228, and Section 52336.1. (Added by Stats. 2006, Ch. 778, Sec. 1. Effective January 1, 2007.)
  33. 17070.96.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    A school district must certify, when applying for funding under this chapter, that it has considered using designs and materials that improve energy and water efficiency and other high-performance school features.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 materials for the construction or modernization project that promote the efficient use of energy and water, the maximum use of natural lighting and indoor air quality, the use of recycled materials and materials that emit a minimum of toxic substances, the use of acoustics conducive to teaching and learning, and other characteristics of high performance schools. (Added by Stats. 2006, Ch. 35, Sec. 2. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35, and adoption of Prop. 1D.)
  34. 17070.965.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    On or after January 1, 2015, the board may not approve funding for certain incentive grants tied to high-performance school design and materials.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 modernization projects that include the attributes of high-performance schools, including, but not limited to, the elements set forth in Section 17070.96. (Added by Stats. 2014, Ch. 39, Sec. 2. (SB 869) Effective June 20, 2014.)
  35. 17070.97.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    The board must require the school district to insure against public liability or property damage for covered facilities.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 with an apportionment under this chapter. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  36. 17070.98.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    A school district without employees with adequate construction management experience may hire construction management services and may use specified funds to pay for those services.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 17070.98. A school district that does not have employees who possess adequate construction management experience may contract for the provision of construction management, and may use funds provided pursuant to Article 4 (commencing with Section 17072.10), Article 5 (commencing with Section 17072.20), and Article 7 (commencing with Section 17074.10) for the cost of those services as expressly authorized by Section 17072.35 and Section 17074.25. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  37. 17070.99.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    The board and the State Department of Education must each conduct evaluations about small high schools.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 established pursuant to subdivision (c) of Section 17072.10, as it read on January 1, 2005. (b) The State Department of Education shall conduct an evaluation that focuses on pupil outcomes, including, but not limited to, academic achievement and college attendance rates, at the small high schools constructed pursuant to subdivision (c) of Section 17072.10, as it read on January 1, 2005, and on the reasons school districts do not currently opt to build small high schools. (c) The evaluations required pursuant to subdivisions (a) and (b) shall be completed no later than two years after the opening of the last small high school constructed pursuant to subdivision (c) of Section 17072.10, as it read on January 1, 2005. (d) The evaluations conducted pursuant to subdivisions (a) and (b) shall be used to inform the direction of future school facilities construction and related bond measures. (Added by Stats. 2004, Ch. 894, Sec. 3. Effective January 1, 2005.)
  38. 17071.10.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    School districts that participate in the new construction program must submit a one-time report of existing school building capacity to the board; later-participating districts must submit an updated report, and certain districts must recalculate capacity under board regulations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 this chapter. (b) (1) Each school district that elects to participate in the new construction program pursuant to this chapter shall submit to the board a one-time report of existing school building capacity. (2) The information reflected in the report described in paragraph (1) shall be included in a school facilities master plan submitted pursuant to Section 17070.54. (c) Notwithstanding subdivisions (a) and (b), a school district newly formed, reorganized, or affected by reorganization, pursuant to an election that occurred on or after November 4, 1998, shall calculate or recalculate its existing school building capacity pursuant to regulations adopted by the board. (d) Notwithstanding subdivisions (a), (b), and (c), a school district that elects to participate in the new construction program or modernization program pursuant to this chapter after November 5, 2024, shall submit an updated report of the school district’s existing school building capacity to the board. (Amended by Stats. 2024, Ch. 81, Sec. 8. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  39. 17071.25.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    This section tells how to calculate an applicant school district’s existing school building capacity and defines “teaching station.”

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 shall be calculated pursuant to the following formula: (1) Identify by grade level all permanent teaching stations existing in the school district or, where appropriate, the attendance area. For the purposes of this section, “teaching station” means any space that was constructed or reconstructed to serve as an area in which to provide pupil instruction, but shall not include portable buildings, except as provided in Section 17071.30. (2) (A) The assumed capacity of each calculated teaching station pursuant to paragraph (1) shall be 25 pupils for each teaching station used for kindergarten or for grades 1 to 6, inclusive, and 27 pupils for each teaching station used for grades 7 to 12, inclusive. (B) On or after January 1, 2000, the board may adopt or amend regulations adjusting the assumed capacity set forth in this subparagraph as appropriate for each teaching station used for nonsevere or severe special day class purposes after considering the recommendations of the Legislative Analyst pursuant to Section 17072.15. These special day class capacity adjustments and any adjustment of existing school capacity related to changes in the assumed capacity of special day class teaching stations shall be approved by the Director of Finance prior to implementation. (C) On or after January 1, 2001, the board may adopt regulations establishing assumed capacity standards after consideration of the recommendations developed by the Director of General Services for continuation high school, community day school, county community school, and county community day school, teaching stations pursuant to Section 17072.17. Teaching station assumed capacity adjustments pursuant to these regulations and any other adjustments of existing school capacity related to changes in the assumed capacity of continuation high school, community day school, county community school, and county community day school, teaching stations shall be approved by the Director of Finance prior to implementation. (3) Multiply the assumed capacity of each teaching station as specified in paragraph (2) by the number of teaching stations calculated under paragraph (1). (4) The result of this computation shall be the number of pupils housed by grade level in the existing school building capacity of the applicant school district. (b) The existing school building capacity of the applicant school district calculated under this section shall not include, in any school operated on a year-round schedule, any teaching station that has been in continuous use during the preceding five-year period primarily for the operation of a preschool program or programs. (Amended by Stats. 1999, Ch. 858, Sec. 7. Effective January 1, 2000.)
  40. 17071.30.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    An applicant school district must count portable classrooms in existing school building capacity, but several kinds are excluded.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 17071.30. For purposes of determining the existing school building capacity, each applicant school district shall include each portable classroom, whether owned or leased, except as otherwise provided in subdivision (a) or (b). (a) Portable classrooms leased pursuant to Chapter 14 (commencing with Section 17085) shall be excluded from the existing school building capacity. Portable classrooms obtained by an applicant district pursuant to subdivision (b) of Section 17088.5 shall be excluded from the existing school building capacity, except as to any portable classroom or classrooms for which the district rejected the board’s offer to purchase pursuant to that subdivision. Portable classrooms leased for a period of less than five years prior to the date of application shall not be included in existing school building capacity. (b) The number of portable classrooms, reduced by the number of portable classrooms used as interim housing for modernization projects, that exceed 25 percent of the number of permanent classrooms available to the district shall not be included in the existing building capacity. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  41. 17071.33.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    For existing school building capacity, the calculation must be adjusted for first priority status, and high school districts must not count multitrack year-round school considerations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 Section 17017.7 as that calculation would have been made under the policies of the board in effect immediately preceding September 1, 1998. (b) Notwithstanding subdivision (a), with respect to a high school district, the existing school building capacity shall be calculated without regard to multitrack year-round school considerations. (Amended by Stats. 2002, Ch. 33, Sec. 9. Effective April 29, 2002.)
  42. 17071.35.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    An applicant district’s maximum school building capacity must be increased by the number of pupils reported for that grade level, and the district may choose how to calculate the adjustment.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 reported by the Superintendent of Public Instruction for that grade level pursuant to Section 42268. This adjustment shall be calculated on the basis, at the district’s option, of either the district as a whole or the appropriate attendance area. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  43. 17071.40.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 4. )

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    Certain year-round, multitrack schools meeting the stated density and district-percentage conditions are exempt from the school building capacity increase required by Section 17071.35.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 percent of its pupils attending multitrack, year-round schools shall be exempted from the increase in school building capacity required by Section 17071.35. Nothing in this section shall be construed as exempting the school from the requirements of Section 17071.33. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  44. 17071.46.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 4. )

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    If an applicant school district replaces a single-story building with a multistory building on the same site, the State Allocation Board must provide a supplemental grant of 50% of the demolished building’s replacement cost if the listed conditions are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] ( Article 2 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 Allocation Board shall provide a supplemental grant for 50 percent of the replacement cost of the single-story building to be demolished, if all of the following conditions are met: (1) The cost of the demolition and construction of a new multistory building on the same site is less than the total cost of providing a new school facility, including land, on a new site for the additional number of pupils housed as a result of the multistory replacement building on the existing site, as determined by the State Allocation Board. For purposes of this subdivision, the method of estimating the site acquisition costs savings shall be based on previous actual site sizes and acquisition costs in the district for equivalent numbers of pupils, or as otherwise determined by the board if actual site acquisition comparisons are not available for the district. (2) The school district will maximize the increase in pupil capacity on the site when it builds the multistory replacement building, subject to the limits imposed on it pursuant to paragraph (3). (3) The State Department of Education has determined that the demolition of an existing single-story building and replacement with a multistory building at the site is the best available alternative and will not create a school with an inappropriate number of pupils in relation to the size of the site, as determined by the State Department of Education. (b) The State Allocation Board shall establish additional requirements it deems necessary to ensure that the economic interests of the state and the educational interests of the children of the state are protected. (Amended by Stats. 2003, Ch. 904, Sec. 1. Effective January 1, 2004.)
  45. 17071.75.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 3. New Construction Eligibility Determination [17071.75 - 17071.76] ( Article 3 added by Stats. 1998, Ch. 407, Sec. 4. )

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    This section sets how a school district’s eligibility for new construction funding is calculated, including required enrollment projection methods and limits on alternative projections.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 3. New Construction Eligibility Determination [17071.75 - 17071.76] ( Article 3 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 funding shall be determined by making all of the following calculations: (a) A school district that applies to receive funding for new construction shall use the following methods to determine projected enrollment: (1) A school district that has two or more schoolsites each with a pupil population density that is greater than 115 pupils per acre in kindergarten and grades 1 to 6, inclusive, or a schoolsite pupil population density that is greater than 90 pupils per acre in grades 7 to 12, inclusive, as determined by the Superintendent using enrollment data from the California Basic Educational Data System for the 2004–05 school year, may submit an application for funding for projects that will relieve overcrowded conditions. That school district may also submit an alternative enrollment projection for the fifth year beyond the fiscal year in which the application is made using a methodology other than the cohort survival enrollment projection method, as defined by the board pursuant to paragraph (2), to be reviewed by the Demographic Research Unit of the Department of Finance, in consultation with the department and the Office of Public School Construction. If the Office of Public School Construction and the Demographic Research Unit of the Department of Finance jointly determine that the alternative enrollment projection provides a reasonable estimate of expected enrollment demand, a recommendation shall be forwarded to the board to approve or disapprove the application, in accordance with all of the following: (A) Total funding for new construction projects using this method shall be limited to five hundred million dollars ($500,000,000), from the Kindergarten-University Public Education Facilities Bond Act of 2004. (B) The eligibility amount for proposed projects that relieve overcrowding is the difference between the alternative enrollment projection method for the year the application is submitted and the cohort survival enrollment projection method, as defined by the board pursuant to paragraph (2), for the same year, adjusted by the existing pupil capacity in excess of the projected enrollment according to the cohort survival enrollment projection method. (C) The Office of Public School Construction shall determine whether each proposed project will relieve overcrowding, including, but not limited to, the elimination of the use of Concept 6 calendars, four track year-round calendars, or busing in excess of 40 minutes, and recommend approval to the board. The number of unhoused pupil grants requested in the application for funding from the eligibility determined pursuant to this paragraph shall be limited to the number of seats necessary to relieve overcrowding, including, but not limited to, the elimination of the use of Concept 6 calendars, four track year-round calendars, or busing in excess of 40 minutes, less the number of unhoused pupil grants attributed to that school as a source school in an approved application pursuant to Section 17078.24. (D) A school district shall use the same alternative enrollment projection methodology for all applications submitted pursuant to this paragraph and shall calculate those projections in accordance with the same districtwide or high school attendance area used for the enrollment projection made pursuant to paragraph (2). (2) A school district shall calculate enrollment projections for the fifth year beyond the fiscal year in which the application is made. Projected enrollment shall be determined by using the cohort survival enrollment projection system, as defined and approved by the board. The board may supplement the cohort survival enrollment projection with any of the following: (A) The number of unhoused pupils that are anticipated as a result of dwelling units proposed pursuant to approved and valid tentative subdivision maps. (B) Modified weighting mechanisms, if the board determines that they best represent the enrollment trends of the district. Mechanisms pursuant to this subparagraph shall be developed and applied in consultation with the Demographic Research Unit of the Department of Finance. (C) An adjustment to reflect the effects on kindergarten and first grade enrollment of changes in birth rates within the school district or high school attendance area boundaries. (3) (A) A school district may submit an enrollment projection for either a 5th year or a 10th year beyond the fiscal year in which the application is made. A school district that bases its enrollment projection calculation on a high school attendance area may use pupil residence in that attendance area to calculate enrollment. A school district that uses pupil residence shall do so for all high school attendance areas within the district. A pupil shall not be included in a high school attendance area enrollment projection based on pupil residence unless that pupil was included in the California Basic Educational Data System (CBEDS) report of the district for the same enrollment year. The board may require a district to provide a reconciliation of the districtwide CBEDS and residency data. The board also may adopt regulations to specify the format and certification requirements for a school district that submits residency data. (b) (1) Add the number of pupils that may be adequately housed in the existing school building capacity of the applicant school district as determined pursuant to Article 2 (commencing with Section 17071.10) to the number of pupils for whom facilities were provided from any state or local funding source after the existing school building capacity was determined pursuant to Article 2 (commencing with Section 17071.10). For this purpose, the total number of pupils for whom facilities were provided shall be determined using the pupil loading formula set forth in Section 17071.25. (2) Subtract from the number of pupils calculated in paragraph (1) the number of pupils that were housed in facilities to which the school district or county office of education relinquished title as the result of a transfer of a special education program between a school district and a county office of education or special education local plan area, if applicable. For this purpose, the total number of pupils that were housed in the facilities to which title was relinquished shall be determined using the pupil loading formula adopted by the board pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 17071.25. For purposes of this paragraph, title also includes any lease interest with a duration of greater than five years. (c) Subtract the number of pupils pursuant to subdivision (b) from the number of pupils determined pursuant to paragraph (2) of subdivision (a). (d) The calculations required to establish eligibility under this article shall result in a distinction between the number of existing unhoused pupils and the number of projected unhoused pupils. (e) Apply the increase or decrease resulting from the difference between the most recent report made pursuant to former Section 42268, as that section read on June 30, 2013, and the report used in determining the baseline capacity of the school district pursuant to subdivision (a) of Section 17071.25. (f) For purposes of calculating projected enrollment pursuant to subdivision (a), the board may adopt regulations to ensure that the enrollment calculation of individuals with exceptional needs receiving special education services is adjusted in the enrollment reporting period in which the transfer occurs and three previous school years as a result of a transfer of a special education program between a school district and a county office of education or a special education local plan area. However, the projected enrollment calculation of a county office of education shall only be adjusted if a transfer of title for the special education program facilities has occurred. The regulations, if adopted, shall ensure that if a transfer of title to special education program facilities constructed with state funds occurs within 10 years after initial occupancy of the facility, the receiving school district or school districts shall remit to the state a proportionate share of any financial hardship assistance provided for the project pursuant to Section 17075.10, if applicable. (g) For a school district with an enrollment of 2,500 or fewer, an adjustment in enrollment projections shall not result in a loss of ongoing eligibility to that school district for a period of five years from the date of the approval of eligibility by the board. (Amended by Stats. 2024, Ch. 81, Sec. 9. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  46. 17071.76.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 3. New Construction Eligibility Determination [17071.75 - 17071.76] ( Article 3 added by Stats. 1998, Ch. 407, Sec. 4. )

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    A school district may separately compute eligibility for certain high school attendance areas, and a board may allow a qualifying elementary school district to use this section if specified size and school-count conditions are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 3. New Construction Eligibility Determination [17071.75 - 17071.76] ( Article 3 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 per-unhoused-pupil grant specified for the school district as a whole, the eligibility may be computed separately for each high school attendance area. (b) For the purposes of eligibility, a school district may combine two or more adjacent high school attendance areas pursuant to the following conditions: (1) The funding eligibility is for the construction of a high school, junior high school, or elementary school located or to be located in any of those high school attendance areas. (2) The high school, junior high school, or elementary school to be constructed is to serve pupils residing in each of those high school attendance areas. (3) The combined eligibility reflects the eligibility to which each of the high school attendance areas would otherwise be entitled, reflecting the proportion of projected pupil enrollment in the school to be constructed, as calculated under this chapter, from each of those attendance areas. (c) The board may permit an elementary school district that is located within a high school district to utilize this section to determine eligibility for funding if all of the following conditions apply: (1) The elementary school district average daily attendance is greater than 20,000 pupils. (2) The elementary school district maintains at least 37 elementary schools, and the high school district maintains at least 12 high schools. (3) The elementary school district has geographical boundaries encompassing more than 100 square miles. (Amended by Stats. 2008, Ch. 723, Sec. 1. Effective January 1, 2009.)
  47. 17072.10.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] ( Article 4 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The board sets new-construction grant eligibility for applicants, must update the per-pupil amount annually, and may approve extra funding in limited cases.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] ( Article 4 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 17072.10. (a) The board shall determine the maximum total new construction grant eligibility of an applicant by multiplying the number of unhoused pupils calculated pursuant to Article 3 (commencing with Section 17071.75) in each school district with an approved application for new construction, by the per-unhoused-pupil grant as follows: (1) Five thousand two hundred dollars ($5,200) for elementary school pupils. (2) Five thousand five hundred dollars ($5,500) for middle school pupils. (3) Seven thousand two hundred dollars ($7,200) for high school pupils. (b) The board annually shall adjust the per-unhoused-pupil apportionment to reflect construction cost changes, as set forth in the statewide cost index for class B construction as determined by the board. (c) Regulations adopted by the board prior to July 1, 2000, that adjust the amounts identified in this section for qualifying individuals with exceptional needs, as defined in Section 56026, as amended after July 1, 2000, in consideration of the recommendations provided pursuant to Section 17072.15, shall continue in effect. An increase made to the per-unhoused-pupil grant amounts set forth in subdivision (a), on or after January 1, 2010, including, but not limited to, those made pursuant to Section 17072.11 on or after January 1, 2010, also shall be made to the per-unhoused-pupil who is a qualifying individual with exceptional needs grant amounts established pursuant to this subdivision. If an increase to the per-unhoused-pupil grant amounts differentiates among the pupil groups based on whether the pupils are elementary, middle, or high school pupils, the Office of Public School Construction shall recommend to the board, within 60 days of that increase, a methodology to adjust the per-unhoused-pupil grant amount for pupils who are qualifying individuals with exceptional needs so that those adjustments appropriately reflect the increases. (d) The board may establish a single supplemental per-unhoused-pupil grant in addition to the amounts specified in subdivision (a) based on the statewide average marginal difference in costs in instances where a project requires multilevel school facilities due to limited acreage. The application of a school district shall demonstrate that a practical alternative site is not available. (e) For a school district having an enrollment of 2,500 or less for the prior fiscal year, the board may approve a supplemental apportionment of up to seven thousand five hundred dollars ($7,500) for any new construction project assistance. The amount of the supplemental apportionment authorized pursuant to this subdivision shall be adjusted in 2008 and every year thereafter by an amount equal to the percentage adjustment for class B construction. (Amended by Stats. 2009, Ch. 349, Sec. 1. (SB 334) Effective January 1, 2010. Section operative January 1, 2008, by its own provisions.)
  48. 17072.11.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] ( Article 4 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The board must analyze the relationship between grant eligibility and school construction costs, and later must adjust grant eligibility up or down to match those costs, with annual increases capped at 6 percent.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] ( Article 4 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 17072.11. (a) All of the following shall apply on and after July 1, 2006: (1) The per-unhoused-pupil grant eligibility determined under paragraphs (1) and (2) of subdivision (a) of Section 17072.10 shall be increased by 7 percent. (2) The per-unhoused-pupil grant eligibility determined under paragraph (3) of subdivision (a) of Section 17072.10 shall be increased by 4 percent. (3) The board shall conduct an analysis of the relationship between the per-unhoused-pupil grant eligibility determined under this article and the per-pupil cost of new school construction for elementary, middle, and high school pupils. (b) On or after January 1, 2008, the board shall increase or decrease the per-unhoused-pupil grant eligibility determined pursuant to subdivision (a) by amounts it deems necessary to cause the grants to correspond to costs of new school construction, provided that the increase in any fiscal year pursuant to this section shall not exceed 6 percent. (Amended by Stats. 2007, Ch. 730, Sec. 9. Effective January 1, 2008.)
  49. 17072.12.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] ( Article 4 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The board may fund site development and acquisition for a school district if the stated conditions are met, and the district must certify or submit specified information when applying or after the project is completed.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] ( Article 4 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 17072.12. (a) In addition to the amount provided in Section 17072.10, the board may provide funding for assistance in site development and acquisition if all of the following are met: (1) The amount of the site acquisition and development assistance does not exceed 50 percent of the cost of site development to the school district, plus the lesser of the following: (A) 50 percent of the site cost to the school district. (B) 50 percent of the appraised value of the site within six months of the time the complete application is submitted. (2) The school district certifies that there is no alternative available site, or that the district plans to sell an available site in order to use the proceeds of the sale for the purchase of the new site. (b) Notwithstanding subdivision (a), the board may provide funding for assistance in site development and acquisition to a school district that uses land previously acquired by the school district in an amount equal to 50 percent of the cost of site development to the school district, plus 50 percent of the site’s appraised value at the time the application for site acquisition and development is submitted, provided all of the following are met: (1) The site was acquired no less than five years prior to the date the application is submitted. (2) The site had been productively used by the school district as other than a schoolsite for the five years immediately preceding the date the application is submitted. (3) The board determines that the nonschool function currently taking place on the site must be discontinued or relocated in order to utilize the site as a schoolsite. (c) A school district that receives assistance pursuant to subdivision (b) shall, within one year after the completion of the project, certify in writing to the board that the nonschool function was in fact relocated as set forth in paragraph (4) of subdivision (b). (d) Pursuant to subdivision (b), an applicant school district shall include in its application to the board a cost-benefit analysis performed by the school district demonstrating how utilizing existing nonschoolsite district property pursuant to this section would be a more effective method of solving the school district’s pupil housing problems than any other method of funding under this chapter. The board shall review and approve the analysis if the board agrees with the findings and shall consider the analysis and findings in approving the project pursuant to this section. (Amended by Stats. 2001, Ch. 647, Sec. 1. Effective January 1, 2002.)
  50. 17072.13.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] ( Article 4 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The board may fund site acquisition and hazardous materials response work for proposed new schoolsites, subject to percentage caps and eligibility conditions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] ( Article 4 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 17072.13. In addition to the amounts provided pursuant to Sections 17072.10 and 17072.12, the board may provide site acquisition and hazardous materials evaluation and response action funding for proposed new schoolsites as follows: (a) (1) For 50 percent of the cost of the evaluation of hazardous materials at a site to be acquired by a school district and for 50 percent of the other response action costs of the removal of hazardous waste or solid waste, the removal of hazardous substances, or other response action in connection with hazardous substances at that site. Except as provided in subdivision (b), the funding provided pursuant to this section may not exceed 50 percent of the total evaluation and response action costs, including, but not limited to, the costs of the removal of hazardous waste or solid waste, the removal of hazardous substances, or other response action, as determined by the Department of Toxic Substances Control, in connection with hazardous substances at that site, pursuant to standards adopted by the board. (2) For projects eligible for funding under this subdivision, the total state share of the site acquisition costs, including evaluation and response action, shall not exceed 50 percent of 11/2 times the appraised value of the uncontaminated site. However, the board may exceed this maximum for projects that demonstrate circumstances of extreme need. (b) (1) The board may provide funding for up to 100 percent of the cost of the evaluation of hazardous materials at a site to be acquired by a school district eligible for financial hardship assistance pursuant to Article 8 (commencing with Section 17075.10) and for up to 100 percent of the other response action costs for the site. The funding provided pursuant to this subdivision may not exceed 100 percent of the total evaluation and response action costs, including, but not limited to, the costs of the removal of hazardous waste or solid waste, the removal of hazardous substances, or other response action, as determined by the Department of Toxic Substances Control, in connection with hazardous substances at that site, pursuant to standards adopted by the board. (2) The board may provide funding pursuant to this subdivision only if the State Department of Education certifies that the site is the best available site considering all of the following factors in relation to other available sites: (A) The total costs of the project, including, but not limited to, costs of evaluation and response action. (B) The desirability of the site, considering its proximity to pupils and suitability for meeting the educational and safety needs of the school district. (C) The time required to fully complete the project in relation to the current and projected need for school facilities. (3) For projects eligible for funding under this subdivision, the total state share of the site acquisition costs, including evaluation and response action, shall not exceed 100 percent of 11/2 times the appraised value of the uncontaminated site. However, the board may exceed this maximum for projects that demonstrate circumstances of extreme need. (c) A school district with a proposed site that meets the environmental hardship criteria set forth in paragraph (1) may apply to the board for site acquisition, including, but not limited to, evaluation and response action, funding for that site prior to having construction plans for that site approved by the Division of the State Architect and State Department of Education. (1) A project is eligible for environmental hardship site acquisition funding if both of the following apply: (A) The preparation and implementation of a response action for the site, to be approved by the Department of Toxic Substances Control pursuant to Section 17213, is estimated by the Department of Toxic Substances Control to take six months or more to complete. (B) The State Department of Education determines that the site is the best available alternative site. (2) The initial site-specific reservation pursuant to this subdivision shall be for a period of one year. Extension may be approved in one-year intervals upon demonstration to the State Allocation Board of progress toward acquisition, including, but not limited to, evaluation or response, as the case may be. In the event there is not demonstrable progress, the State Allocation Board shall have the option of rescinding the reservation. (3) Environmental hardship site acquisition funds approved by the State Allocation Board can be used only for the site identified in the response action approved by the Department of Toxic Substances Control. (4) The date that the State Allocation Board approves the environmental hardship site acquisition funding will become the State Allocation Board approval date for the project’s construction funding for that site. (5) A school district may apply to the State Allocation Board for construction funding for the environmental hardship site when the project has received final Division of the State Architect plan approval and final State Department of Education site and plan approval. (d) The cost incurred by the school districts when complying with any requirement identified in this section are allowable costs for purposes of an applicant under this chapter and may be reimbursed in accordance with this section. (e) The State Allocation Board shall develop regulations that allow school districts with financial hardship site acquisition, including, but not limited to, evaluation and response action, funding prior to ownership of the site or evidence that the site is in escrow. (Amended by Stats. 2002, Ch. 935, Sec. 4. Effective January 1, 2003.)
  51. 17072.14.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] ( Article 4 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The board may adjust a new construction grant when toxic-substance requirements cause a school district’s hazardous-materials costs to exceed the original grant amount, but the total amount cannot go above the Section 17072.13 limit.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] ( Article 4 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 17072.14. Notwithstanding Section 17070.63, the board may allow adjustments to a new construction grant if, as a result of additional requirements imposed by the Department of Toxic Substances Control, the actual amount paid by a school district for allowable costs of hazardous materials evaluation and removal, including associated fees, exceeds the amount of the grant apportionment for those purposes. The combined amount of the initial apportionment for these purposes and the adjustment pursuant to this section may not exceed the amount permitted pursuant to Section 17072.13. (Added by Stats. 2003, Ch. 570, Sec. 1. Effective January 1, 2004.)
  52. 17072.15.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] ( Article 4 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The Legislative Analyst must review certain school facilities funding for special education pupils and recommend advisable modifications by September 1, 1999.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] ( Article 4 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 17072.15. In conjunction with the State Department of Education and the Department of Finance, the Legislative Analyst shall review the method of funding the construction and modernization of school facilities for special education pupils and the amount provided per unhoused special education pupil pursuant to Sections 17072.10 and 17074.10. Pursuant to this review, the Legislative Analyst shall recommend modifications to this method that he or she deems to be advisable on or before September 1, 1999. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  53. 17072.17.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] ( Article 4 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    The Department of General Services must review the funding method for certain school facilities, and the Director of General Services must recommend advisable modifications by September 1, 2000.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] ( Article 4 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 17072.17. In conjunction with the State Department of Education, the Department of Finance, and the Legislative Analyst, the Department of General Services shall review the method of funding the construction and modernization of school facilities for continuation high school, community day school, county community school, and county community day school, teaching stations pursuant to Sections 17072.10 and 17074.10. Pursuant to this review, the Director of General Services shall, by September 1, 2000, recommend modifications to this method that he or she deems to be advisable. (Added by Stats. 1999, Ch. 858, Sec. 10. Effective January 1, 2000.)
  54. 17072.18.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] ( Article 4 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The board may fund certain response costs at an existing schoolsite, and a school district may apply for that funding if it is otherwise eligible.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] ( Article 4 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 17072.18. (a) (1) The board may provide evaluation and response action funding for response costs of the removal of hazardous waste or solid waste, the removal of hazardous substances, or other response action in connection with hazardous substances at an existing schoolsite, in the same manner as provided in Section 17072.13. (2) Funding as set forth in paragraph (1) may be provided to a school district that has not applied for, or received, funds from the board for the acquisition of a new schoolsite, but which has incurred, or will incur, response costs necessary for the development of the existing schoolsite, if the school district is otherwise eligible for funding under this chapter. (b) A school district may apply for funding pursuant to this section prior to having construction plans for that site approved by the Division of the State Architect or by the State Department of Education if the school district is otherwise eligible for funding under this chapter. (Amended by Stats. 2002, Ch. 935, Sec. 5. Effective January 1, 2003.)
  55. 17072.20.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 5. New Construction Funding Process [17072.20 - 17072.35] ( Article 5 added by Stats. 1998, Ch. 407, Sec. 4. )

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    Eligible applicant school districts may request a project apportionment, and the board must review, adjust if needed, and approve the application.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 5. New Construction Funding Process [17072.20 - 17072.35] ( Article 5 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 (commencing with Section 17071.10) or Article 3 (commencing with Section 17071.75) may submit at any time a request to the board for a project apportionment for all or a portion of the funding for which the school district is eligible. (b) The application shall include, but shall not be limited to, the school district’s determination of the amount of state funding that the district is otherwise eligible for relating to site acquisition, site development, new construction, and hardship funding provided pursuant to Article 8 (commencing with Section 17075.10), if any. The amount shall be reduced by the amount of the alternative fee collected pursuant to subdivision (a) of Section 65995.7 of the Government Code if a reimbursement election or agreement pursuant to Section 65995.7 of the Government Code is not in effect. (c) The board shall verify and adjust, as necessary, and approve the district’s application. (Amended by Stats. 2002, Ch. 935, Sec. 6. Effective January 1, 2003.)
  56. 17072.25.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 5. New Construction Funding Process [17072.20 - 17072.35] ( Article 5 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    The board must adopt regulations for ranking approved new-construction funding applications, and it may add extra priority points within a 10% cap.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 5. New Construction Funding Process [17072.20 - 17072.35] ( Article 5 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 determine the priority of approved applications when either of the following conditions are met: (1) The total state funds necessary for funding all approved projects pursuant to this chapter exceed the total state funds in the fund for allocation pursuant to this chapter. (2) The actual amount of unallocated proceeds of state bonds available on or after July 1, 2000, for new construction for the purposes of this chapter is at three hundred million dollars ($300,000,000). (b) The ranking mechanism shall allocate priority points based upon the percentages of currently and projected unhoused pupils relative to the total population of the applicant district or attendance area and the total number of currently and projected unhoused pupils in an applicant district or attendance area. (c) The board may award priority points based on other factors that in its judgment result in the most equitable distribution of resources among applicants. The additional factors may not constitute greater than a 10-percent weight in the overall priority ranking. (d) This section shall apply only to projects funded with the proceeds of state bonds approved by the voters prior to January 1, 2002. (Amended by Stats. 2002, Ch. 33, Sec. 12. Effective April 29, 2002.)
  57. 17072.30.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 5. New Construction Funding Process [17072.20 - 17072.35] ( Article 5 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    The board may apportion school construction funds only if the project is approved by the Department of General Services and the school district certifies required local matching funds; the local/state funding split depends on the district’s score.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 5. New Construction Funding Process [17072.20 - 17072.35] ( Article 5 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 Department of General Services pursuant to the Field Act, as defined in Section 17281, and certification by the school district that the required matching funds from local sources have been expended by the district for the project, or have been deposited in the county fund, or will be expended by the district by the time the project is completed, in an amount at least equal to the proposed apportionment pursuant to this chapter, before release of the state funds. (b) The board shall adjust a school district’s required local contribution pursuant to this section and the school district’s associated state contribution required pursuant to Article 4 (commencing with Section 17072.10), as follows: (1) For a school district determined to have a score of more than 10 points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 45 percent and the associated state contribution pursuant to Article 4 (commencing with Section 17072.10) shall be 55 percent. (2) For a school district determined to have a score of 9 or 10 points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 47 percent and the associated state contribution pursuant to Article 4 (commencing with Section 17072.10) shall be 53 percent. (3) For a school district determined to have a score of eight points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 48 percent and the associated state contribution pursuant to Article 4 (commencing with Section 17072.10) shall be 52 percent. (4) For a school district determined to have a score of six or seven points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 49 percent and the associated state contribution pursuant to Article 4 (commencing with Section 17072.10) shall be 51 percent. (5) For a school district determined to have a score of less than six points pursuant to Section 17070.59, the required local matching funds pursuant to subdivision (a) shall be 50 percent and the associated state contribution pursuant to Article 4 (commencing with Section 17072.10) shall be 50 percent. (Amended by Stats. 2024, Ch. 81, Sec. 10. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  58. 17072.32.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 5. New Construction Funding Process [17072.20 - 17072.35] ( Article 5 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    For certain projects that already received an apportionment, funding is released in local-match amounts when the school district certifies it has signed a binding contract to finish the approved project.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 5. New Construction Funding Process [17072.20 - 17072.35] ( Article 5 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 match upon certification by the school district that the school district has entered into a binding contract for completion of the approved project. (b) This section is operative January 1, 2008. (Repealed (in Sec. 8) and added by Stats. 2004, Ch. 894, Sec. 9. Effective January 1, 2005. Section operative January 1, 2008, by its own provisions.)
  59. 17072.33.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 5. New Construction Funding Process [17072.20 - 17072.35] ( Article 5 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    A district may request site assistance from the state in an amount equal to the local match when it enters escrow for a site in a project.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 5. New Construction Funding Process [17072.20 - 17072.35] ( Article 5 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 the local match when the district enters escrow for a site included within a project. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  60. 17072.35.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 5. New Construction Funding Process [17072.20 - 17072.35] ( Article 5 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    School districts may use new-construction grants for the listed school facilities and related support costs, and the State Department of Education must give school facilities design and construction maximum flexibility when developing guidelines and regulations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 5. New Construction Funding Process [17072.20 - 17072.35] ( Article 5 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 include the cost of design, engineering, testing, inspection, plan checking, construction management, site acquisition and development, evaluation and response action costs relating to hazardous substances at a new or existing schoolsite, demolition, construction, acquisition and installation of portable classrooms, landscaping, necessary utility costs, utility connections and other fees, equipment including telecommunication equipment to increase school security, furnishings, and the upgrading of electrical systems or the wiring or cabling of classrooms in order to accommodate educational technology, including schoolsite-based infrastructure necessary to provide access to broadband internet within the schoolsite. A grant for new construction may also be used to acquire an existing government or privately owned building, or a privately financed school building, and for the necessary costs of converting the government or privately owned building for public school use. A grant for new construction may also be used for the costs of designs and materials that promote the efficient use of energy and water, the maximum use of natural lighting and indoor air quality, the use of recycled materials and materials that emit a minimum of toxic substances, the use of acoustics conducive to teaching and learning, and other characteristics of high performance schools. A grant for new construction may be used for the costs of design, materials, and construction to advance state energy goals pursuant to state law, support outdoor learning environments, or to directly shade and protect pupils from higher average temperatures, which may include incorporating nature and natural materials. A grant for new construction may be used for seismic mitigation purposes and for related design, study, and testing costs. (b) This section does not preclude a school district from using a grant for new construction to support the construction of a school kitchen, a transitional kindergarten classroom, a facility to support a local educational agency-administered preschool program, including, but not limited to, a California state preschool program set forth in Article 2 (commencing with Section 8207) of Chapter 2 of Part 6, that is operated by a school district and located on a schoolsite operated by the district, or a facility to support school nurses and counselors to increase access to health care and mental health services. (c) In developing guidelines and regulations for consideration by the board, the State Department of Education shall provide a school district with maximum flexibility in the design and new construction of school facilities. (Amended by Stats. 2024, Ch. 81, Sec. 11. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  61. 17073.10.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 6. Modernization Eligibility Determination [17073.10 - 17073.25] ( Article 6 added by Stats. 1998, Ch. 407, Sec. 4. )

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    School districts seeking modernization apportionment must submit an application in the form and number of copies the board requires.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 6. Modernization Eligibility Determination [17073.10 - 17073.25] ( Article 6 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 copies, that the board may require. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  62. 17073.15.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 6. Modernization Eligibility Determination [17073.10 - 17073.25] ( Article 6 added by Stats. 1998, Ch. 407, Sec. 4. )

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    A school district may receive modernization apportionments for eligible school buildings and portable classrooms, with shorter age thresholds for facilities on military installations that receive certain federal grants.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 6. Modernization Eligibility Determination [17073.10 - 17073.25] ( Article 6 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 classroom that is at least 20 years old. A school district is eligible to receive an additional apportionment for the modernization of a permanent school building every 25 years after the date of the previous apportionment or a portable classroom every 20 years after the previous apportionment. (b) (1) Notwithstanding subdivision (a), a school district that has a school facility located on a military installation that is the recipient of a federal grant for facilities modernization that requires a local matching share is eligible to receive an apportionment for the modernization of a permanent or portable building that is at least 10 years old, or is at least 10 years old after the date of the previous modernization apportionment under this chapter. (2) Portable buildings modernized pursuant to paragraph (1) shall be replaced with a permanent structure. (Amended by Stats. 2024, Ch. 81, Sec. 12. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  63. 17073.16.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 6. Modernization Eligibility Determination [17073.10 - 17073.25] ( Article 6 added by Stats. 1998, Ch. 407, Sec. 4. )

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    Eligible school districts may get supplemental grants for certain school facility projects, and districts receiving a grant to house transitional kindergarten pupils must satisfy referenced requirements.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 6. Modernization Eligibility Determination [17073.10 - 17073.25] ( Article 6 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 gymnasium, multipurpose room, library, or school kitchen, if the facility is 60 percent or less than the department’s recommended size needed to serve the enrollment of the school. (2) Constructing a new gymnasium, multipurpose room, library, or school kitchen if the site is lacking one or more of the specified facilities. (b) A site may receive a supplemental grant for only one project described in subdivision (a). (c) (1) A school district eligible for a modernization apportionment may also receive a supplemental grant for either of the following: (A) Retrofitting an existing school facility to adequately house transitional kindergarten pupils. (B) Constructing new transitional kindergarten classrooms if the site is lacking sufficient school facilities to house transitional kindergarten pupils. (2) A school district that receives a supplemental grant to house transitional kindergarten pupils pursuant to paragraph (1) shall meet the requirements of subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of, paragraphs (2) and (3) of subdivision (f) of, and subdivision (g) of, Section 17375. (d) The funding provided under this section shall be in addition to any other funding provided pursuant to this article. (e) The board, in consultation with the Superintendent, shall develop regulations implementing this section. (Added by Stats. 2024, Ch. 81, Sec. 13. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  64. 17073.20.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 6. Modernization Eligibility Determination [17073.10 - 17073.25] ( Article 6 added by Stats. 1998, Ch. 407, Sec. 4. )

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    Funding may be approved to modernize permanent school buildings older than 25 years and portable classrooms older than 20 years, subject to Section 17071.30.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 6. Modernization Eligibility Determination [17073.10 - 17073.25] ( Article 6 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 years old, as described in Section 17071.30. (Amended by Stats. 2003, Ch. 587, Sec. 2. Effective January 1, 2004.)
  65. 17073.25.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 6. Modernization Eligibility Determination [17073.10 - 17073.25] ( Article 6 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The State Department of Education may receive modernization grants and per-pupil funding under this article for certain school facilities, and the board must create a process tailored to its applications.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 6. Modernization Eligibility Determination [17073.10 - 17073.25] ( Article 6 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 facilities of the California School for the Deaf (Chapter 1 (commencing with Section 59000) of Part 32) and the California School for the Blind (Chapter 2 (commencing with Section 59100) of Part 32). (b) The department is eligible for per-pupil funding under this article to the same extent and in the same manner as a school district, except that the hardship provisions do not apply. However, notwithstanding the 60 percent maximum funding for modernization projects, as set forth in Section 17074.16, the project shall be funded at 100 percent of the project costs, subject to per-pupil eligibility. (c) The board shall establish a process specifically tailored to consideration of the unique aspects of applications presented by the department pursuant to this section. (d) This section applies only to projects for expenditure of the proceeds of state bonds approved by the voters after January 1, 2002. (Amended by Stats. 2003, Ch. 62, Sec. 35. Effective January 1, 2004.)
  66. 17074.10.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] ( Article 7 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The board must calculate school modernization funding, adjust the calculation each year, and may approve limited supplemental funding and regulations in defined cases.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] ( Article 7 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 of that grade level housed in school buildings that satisfy the requirements of Section 17073.15: (1) Two thousand two hundred forty-six dollars ($2,246) for each elementary pupil. (2) Two thousand three hundred seventy-six dollars ($2,376) for each middle school pupil. (3) Three thousand one hundred ten dollars ($3,110) for each high school pupil. (b) The board shall annually adjust the factors set forth in subdivision (a) according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the board. (c) The board may adopt regulations to be effective until July 1, 2000, that adjust the amounts identified in this section for qualifying individuals with exceptional needs, as defined in Section 56026. The regulations shall be amended after July 1, 2000, in consideration of the recommendations provided pursuant to Section 17072.15. (d) It is the intent of the Legislature that the amounts provided pursuant to this article for school modernization do not include funding for administrative and overhead costs. (e) For a school district having an enrollment of 2,500 or less for the prior fiscal year, the board may approve a supplemental apportionment of up to two thousand five hundred dollars ($2,500) for any modernization project assistance. The amount of the supplemental apportionment shall be adjusted in 2001 and every year thereafter by an amount equal to the percentage adjustment for class B construction. (f) For a portable classroom that is eligible for a second modernization, the board shall require the school district to use the modernization funds to replace the portable classroom and to certify that the existing eligible portable classroom will be removed from any classroom use, unless the school district is able to document that modernizing the portable classroom is a better use of public resources. The capacity and eligibility of the school district shall not be adjusted for replacing a portable classroom pursuant to this subdivision and Section 17073.15. (Amended by Stats. 2003, Ch. 587, Sec. 3. Effective January 1, 2004.)
  67. 17074.15.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] ( Article 7 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The board must release and apportion modernization funds to eligible school districts only when the stated funding, matching-fund, approval, and contract conditions are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] ( Article 7 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 state’s 80-percent share, and the school district has provided its 20-percent local match. 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 Department of General Services pursuant to the Field Act, as defined in Section 17281, including, but not limited to, a project that complies with the Field Act by complying with Section 17280.5, and evidence that the certification by the school district that the required 20-percent matching funds from local sources have been expended by the district for the project, or have been deposited in the county fund or will be expended by the district by the time of completion of the project, and evidence that the district has entered into a binding contract for the completion of that project. If state funds are insufficient to fund all qualifying school districts, the board shall fund all qualifying school districts in the order in which the application for funding was approved by the board. (b) This section shall apply only to an application filed on or before April 29, 2002, regardless of the source of state bond funding. (Amended by Stats. 2002, Ch. 935, Sec. 9. Effective January 1, 2003.)
  68. 17074.16.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] ( Article 7 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    The board must release and apportion modernization funds to eligible school districts when the stated funding, approval, and matching-funds conditions are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] ( Article 7 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 state’s share, and the school district has provided its required local match. 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 Department of General Services pursuant to the Field Act, as defined in Section 17281, including, but not limited to, a project that complies with the Field Act by complying with Section 17280.5, and evidence that the certification by the school district that the required matching funds from local sources have been expended by the district for the project, or have been deposited in the county fund or will be expended by the district by the time of completion of the project, and evidence that the district has entered into a binding contract for the completion of that project. If state funds are insufficient to fund all qualifying school districts, the board shall fund all qualifying school districts in the order in which the application for funding was approved by the board. (b) The board shall adjust a school district’s required local contribution pursuant to this section and the school district’s associated state contribution required pursuant to this article as follows: (1) For a school district determined to have a score of more than 10 points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 35 percent and the associated state contribution pursuant to this article shall be 65 percent. (2) For a school district determined to have a score of 9 or 10 points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 37 percent and the associated state contribution pursuant to this article shall be 63 percent. (3) For a school district determined to have a score of eight points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 38 percent and the associated state contribution pursuant to this article shall be 62 percent. (4) For a school district determined to have a score of six or seven points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 39 percent and the associated state contribution pursuant to this article shall be 61 percent. (5) For a school district determined to have a score of less than six points pursuant to Section 17070.59, the required local matching funds pursuant to subdivision (a) shall be 40 percent and the associated state contribution pursuant to this article shall be 60 percent. (Amended by Stats. 2024, Ch. 81, Sec. 14. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  69. 17074.20.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] ( Article 7 added by Stats. 1998, Ch. 407, Sec. 4. )

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    A school district must ensure that all modernized buildings comply with Sections 17212, 17212.5, and 17213 as a condition of receiving funds under this article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] ( Article 7 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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, and 17213. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  70. 17074.25.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] ( Article 7 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    This section says modernization funds can be used for specified school improvement and safety projects, but not for real property acquisition/development or routine maintenance and repair.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] ( Article 7 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 improvement may only include the cost of design, engineering, testing, inspection, plan checking, construction management, demolition, construction, the replacement of portable classrooms, necessary utility costs, utility connection and other fees, the purchase and installation of air-conditioning equipment and insulation materials and related costs, furniture and equipment, including telecommunication equipment to increase school security, fire safety improvements, playground safety improvements, the identification, assessment, or abatement of hazardous asbestos, seismic safety improvements, and the upgrading of electrical systems or the wiring or cabling of classrooms in order to accommodate educational technology, including schoolsite-based infrastructure necessary to provide access to broadband internet within the schoolsite. A modernization apportionment may be used for the costs of design, materials, demolition, and construction to advance state energy goals pursuant to state law, support outdoor learning environments, or to directly shade and protect pupils from higher average temperatures, which may include incorporating nature and natural materials. A modernization grant may not be used for costs associated with acquisition and development of real property or for routine maintenance and repair. (2) A modernization apportionment may also be used for any of the following: (A) The cost of designs and materials that promote the efficient use of energy and water, the maximum use of natural lighting and indoor air quality, the use of recycled materials and materials that emit a minimum of toxic substances, the use of acoustics conducive to teaching and learning, and other characteristics of high-performance schools. (B) Seismic mitigation purposes and related design, study, and testing costs. (C) To remediate any water outlet used for drinking or preparing food with lead levels in excess of 15 parts per billion. (D) The control, management, or abatement of lead. (b) This section shall not preclude a school district from using a grant for modernization to support the modernization of a school kitchen, a transitional kindergarten classroom, a facility to support a local educational agency-administered preschool program, including, but not limited to, a California state preschool program set forth in Article 2 (commencing with Section 8207) of Chapter 2 of Part 6, that is operated by a school district and located on a schoolsite operated by the district, or a facility to support school nurses and counselors to increase access to health care and mental health services. (c) (1) A modernization apportionment may be used to limit pupil exposure to harmful air pollutants by updating air filtration systems. (2) (A) This subdivision is declaratory of existing law. (B) It is the intent of the Legislature in enacting Chapter 714 of the Statutes of 2018 (Assembly Bill 2453 of the 2017–18 Regular Session) to encourage school districts to add air filtration systems to applications for modernization apportionments when air pollution occasionally or regularly exceeds levels known to be harmful to public health. (d) Notwithstanding any other provision of this article, a school district that is apportioned funds pursuant to Section 17073.16 shall use the supplemental grant for expanding an existing, or constructing a new, gymnasium, multipurpose room, library, or school kitchen. (e) In developing guidelines and regulations for consideration by the board, the department, in consultation with the State Department of Education, shall provide a school district with maximum flexibility in the design and modernization of school facilities. (Amended by Stats. 2024, Ch. 81, Sec. 15. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  71. 17074.26.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] ( Article 7 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    The board must adopt regulations to adjust certain per-pupil amounts for modernization projects, especially for school buildings 50 years old or older.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] ( Article 7 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 years old or older based upon the higher costs associated with modernizing older buildings. (Added by Stats. 2002, Ch. 33, Sec. 16. Effective April 29, 2002.)
  72. 17074.265.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] ( Article 7 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    A school district can qualify for modernization apportionment to demolish and rebuild on an existing schoolsite if the replacement buildings are at least 75 years old and the district submits a qualifying cost-benefit analysis.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] ( Article 7 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 construct a building or buildings on an existing schoolsite if both of the following conditions are met: (1) The building or buildings to be replaced are at least 75 years old. (2) The school district provides a cost-benefit analysis that indicates the total cost to modernize the building or buildings is at least 50 percent of the current replacement cost, as defined by the board, of the building or buildings. The cost-benefit analysis may include applicable site development costs. (b) A project that meets the requirements of subdivision (a) shall be eligible for a grant equal to the grant provided under Section 17072.10 multiplied by the capacity of the building or buildings calculated pursuant to Section 17071.25. (c) The board may adopt regulations to implement this section. (Added by Stats. 2024, Ch. 81, Sec. 16. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  73. 17074.27.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] ( Article 7 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    A modernization apportionment may also be used to control, manage, or abate lead, in addition to the uses listed in Section 17074.25.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] ( Article 7 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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. (Added by Stats. 2002, Ch. 1075, Sec. 2. Effective January 1, 2003.)
  74. 17074.30.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] ( Article 7 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    Starting with applications submitted after January 1, 2004, a school district seeking funding under this article must certify that it considered lead-containing materials in modernization projects and will follow all relevant lead-management standards.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] ( Article 7 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 considered the potential for the presence of lead-containing materials in the modernization projects and will follow all relevant federal, state, and local standards for the management of any identified lead. (Added by Stats. 2002, Ch. 1075, Sec. 3. Effective January 1, 2003.)
  75. 17074.50.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7.5. Automatic Fire Detection, Alarm, and Sprinkler Systems [17074.50 - 17074.56] ( Article 7.5 added by Stats. 2001, Ch. 725, Sec. 2. )

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    Certain new construction and modernization projects must include fire detection/alarm/sprinkler systems, with approval by the State Fire Marshal.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7.5. Automatic Fire Detection, Alarm, and Sprinkler Systems [17074.50 - 17074.56] ( Article 7.5 added by Stats. 2001, Ch. 725, Sec. 2. ) ## 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 limited to, hardship applications, that require the approval of the Department of General Services shall include an automatic fire detection, alarm, and sprinkler system as set forth in Section 17074.52 and approved by the State Fire Marshal. These provisions shall entitle the school district to all applicable reductions in code requirements, as provided in the California Building Standards Code (Title 24 of the California Code of Regulations). (b) On and after July 1, 2002, all modernization projects that have an estimated total cost in excess of two hundred thousand dollars ($200,000) submitted to the Division of the State Architect pursuant to this chapter, including, but not limited to, hardship applications, that require the approval of the Department of General Services shall include an automatic fire detection and alarm system as set forth in Section 17074.52 and approved by the State Fire Marshal. For a modernization project that is to be completed in more than one phase, the school district may defer installation of the system until the final phase of the modernization project. Solely for purposes of this section, “modernization” means any modification of a permanent structure or construction of a new building on an existing campus. (c) The Department of General Services shall administer this section based upon the standards adopted by the State Fire Marshal pursuant to Section 17074.52. (Added by Stats. 2001, Ch. 725, Sec. 2. Effective January 1, 2002.)
  76. 17074.52.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7.5. Automatic Fire Detection, Alarm, and Sprinkler Systems [17074.50 - 17074.56] ( Article 7.5 added by Stats. 2001, Ch. 725, Sec. 2. )

    Verify source ↗

    School fire safety systems must include specific detectors, alarms, and sometimes sprinklers, with a limited exception for stand-alone portable buildings.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7.5. Automatic Fire Detection, Alarm, and Sprinkler Systems [17074.50 - 17074.56] ( Article 7.5 added by Stats. 2001, Ch. 725, Sec. 2. ) ## 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 or heat detectors, or a combination thereof, as determined by the State Fire Marshall, installed in the school building. The alarm, upon activation of an initiating device, shall alert all occupants and shall transmit the alarm signal to an approved supervising station. (b) For new construction projects, the automatic fire detection, alarm, and sprinkler system required pursuant to subdivision (a) of Section 17074.50, shall in addition to compliance with subdivision (a), include an automatic fire sprinkler system installed in the school building including, but not necessarily limited to, attic spaces. (c) Notwithstanding Section 17074.50 or subdivisions (a) or (b) of this section, for a stand alone portable building, the system required pursuant to this article shall consist of an automatic fire detection and alarm system. For the purposes of this subdivision a “stand alone portable building” means a portable building that is used as a single classroom and that is sited more than 25 feet from any other building, including, but not limited to, any other portable building. (d) Except as required for automatic fire detectors and waterflow detection devices, manual fire alarm boxes shall not be required throughout the school building. (e) The entire system shall be installed, tested, and maintained in accordance with the regulations of the State Fire Marshal. (Added by Stats. 2001, Ch. 725, Sec. 2. Effective January 1, 2002.)
  77. 17074.54.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7.5. Automatic Fire Detection, Alarm, and Sprinkler Systems [17074.50 - 17074.56] ( Article 7.5 added by Stats. 2001, Ch. 725, Sec. 2. )

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    A qualifying portable building is exempt from specified sections for three years from siting, and a school district may ask for up to a three-year extension. The board must grant the extension if convincing evidence shows it is necessary.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7.5. Automatic Fire Detection, Alarm, and Sprinkler Systems [17074.50 - 17074.56] ( Article 7.5 added by Stats. 2001, Ch. 725, Sec. 2. ) ## 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 that is designed to permit easy removal, is exempt from Sections 17074.50 and 17074.52 for a period of three years from the date of siting. (b) After the three-year exemption set forth in subdivision (a), a school district may request an extension of the exemption for an additional period not to exceed three additional years. The board shall grant the request if the school district presents convincing evidence demonstrating to the satisfaction of the board that the extension is necessary. (c) For purposes of this section, “ portable building” means a classroom building of modular design and construction that meets all of the following criteria: (1) It is designed and constructed to be relocatable and transportable over public streets. (2) It is designed and constructed for relocation without detaching the roof or the floor from the building. (3) It has a floor area of 2,000 square feet or less when measured at the most exterior walls. (Added by Stats. 2001, Ch. 725, Sec. 2. Effective January 1, 2002.)
  78. 17074.56.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7.5. Automatic Fire Detection, Alarm, and Sprinkler Systems [17074.50 - 17074.56] ( Article 7.5 added by Stats. 2001, Ch. 725, Sec. 2. )

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    The State Allocation Board must adjust school grant amounts for fire detection, alarm, and sprinkler system costs, create a method to cover some hardship cases, and review the adjustments by July 1, 2003.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 7.5. Automatic Fire Detection, Alarm, and Sprinkler Systems [17074.50 - 17074.56] ( Article 7.5 added by Stats. 2001, Ch. 725, Sec. 2. ) ## 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 costs due to the automatic fire detection, alarm, and sprinkler system required pursuant to subdivision (a) of Section 17074.50. The board shall adjust the per-pupil grant amount set forth in Section 17074.10 as necessary to accommodate 80 percent of the increased costs due to the automatic fire detection and alarm system required pursuant to subdivision (b) of Section 17074.50. The board shall establish a method to provide up to 100 percent of the increased costs of the automatic fire detection, alarm, and sprinkler, if applicable, systems for school districts which qualify for hardship assistance pursuant to paragraph (1) of subdivision (b) of Section 17075.10. (b) By July 1, 2003, the board shall review the adequacy of the per-pupil grant adjustments made pursuant to subdivision (a) and shall increase or decrease those adjustments as determined to be necessary. (c) Any project submitted to the Division of the State Architect on or after September 1, 2001, that includes a qualifying fire detection, alarm, and sprinkler, if applicable, system, and that has not been fully funded prior to July 1, 2002, shall be eligible for grant or eligibility adjustments as set forth in this article. (Added by Stats. 2001, Ch. 725, Sec. 2. Effective January 1, 2002.)
  79. 17075.10.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 8. Hardship Application [17075.10 - 17075.20] ( Article 8 added by Stats. 1998, Ch. 407, Sec. 4. )

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    A school district seeking certain health and safety funding must prove required conditions to the board, submit a cost-benefit analysis to the department, and the department must issue regulations defining eligible projects.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 8. Hardship Application [17075.10 - 17075.20] ( Article 8 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 event of a seismic event, a school district shall demonstrate both of the following to the satisfaction of the board: (A) That due to unusual circumstances that are beyond the control of the school district, excessive costs need to be incurred in the construction of school facilities. (B) That the facilities are needed to ensure the health and safety of pupils if the health and safety of pupils is at risk. (2) For purposes of paragraph (1), health and safety projects include projects to replace the most vulnerable school facilities that are identified as a Category 2 building, as defined in the report submitted pursuant to Section 17317. (b) (1) A school district is eligible for health and safety funding to replace, reconstruct, or construct new classrooms and related facilities if the school district demonstrates there is a threat to the health and safety of pupils. To determine the applicable grant amounts, the district shall prepare and submit to the department a cost-benefit analysis that compares the minimum cost to remain in the classroom or related facility and mitigate the health and safety problem with the current replacement cost. (2) The project qualifies for modernization funding if the minimum cost is less than 50 percent of the current replacement cost of the classroom or related facility. (3) The project qualifies for replacement facilities if the cost-benefit analysis prepared pursuant to paragraph (1) demonstrates that the cost to remain in the classroom or related facility and mitigate the problem is at least 50 percent of the replacement value. (c) The department shall develop regulations to define eligible health and safety projects that meet the requirements of subdivisions (a) and (b) for purposes of project approval by the board. (Repealed and added by Stats. 2024, Ch. 81, Sec. 18. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  80. 17075.11.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 8. Hardship Application [17075.10 - 17075.20] ( Article 8 added by Stats. 1998, Ch. 407, Sec. 4. )

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    A school district may apply for hardship assistance in extraordinary circumstances, but must show unusual, uncontrollable costs in school construction if seeking state funding. The board must review urban construction cost increases and adopt regulations for allowable adjustments.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 8. Hardship Application [17075.10 - 17075.20] ( Article 8 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 section shall demonstrate that due to unusual circumstances that are beyond the control of the school district, excessive costs need to be incurred in the construction of school facilities. (c) The board shall review the increased costs that may be uniquely associated with urban construction and shall adjust the per-pupil grant for new construction or modernization hardship applications as necessary to accommodate those costs. The board shall adopt regulations setting forth the standards, methodology, and a schedule of allowable adjustments for the urban adjustment factor established pursuant to this subdivision. (d) This section shall apply to applications submitted on or after October 31, 2024. (Added by Stats. 2025, Ch. 8, Sec. 13. (AB 121) Effective June 27, 2025.)
  81. 17075.15.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 8. Hardship Application [17075.10 - 17075.20] ( Article 8 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The board must adopt regulations for school hardship funding and may provide assistance or adjust local participation in some cases.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 8. Hardship Application [17075.10 - 17075.20] ( Article 8 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 construction, modernization, or relocation assistance as set forth in this chapter or Chapter 14 (commencing with Section 17085) to the extent that severe circumstances may require, and may adjust or defer the local financial participation, as pupil health and safety considerations require to the extent that bond act funds are provided for this purpose. (b) The board shall adopt regulations for determining the amount of funding that may be provided to a district, and the eligibility and prioritization of funding, under this article. (c) The regulations shall define the amount, and sources, of financing that the school district could reasonably provide for school facilities as follows: (1) Unencumbered funds available in all facility accounts in the school district, including, but not limited to, fees on development, redevelopment funds, sale proceeds from surplus property, funds generated by certificates of participation for facility purposes, bond funds, federal grants, and other funds available for school facilities, as the board may determine. (2) The board may exclude from consideration all funds encumbered for a specific capital outlay purpose, a reasonable amount for interim housing, and other funds that the board may find are not reasonably available for the project. (d) The regulations shall also specify a method for determining required levels of local effort to obtain matching funds. The regulations shall include consideration of at least all of the following factors: (1) Whether the school district has passed a bond measure within the two-year period immediately preceding the application for funding under this article, the proceeds of which are substantially available for use in the project to be funded under this chapter, but remains unable to provide the necessary matching share requirement. (2) Whether the principal amount of the current outstanding bonded indebtedness issued for the purpose of constructing school facilities for the school district and secured by property within the school district or by revenues of, or available to, the school district, which shall include general obligation bonds, Mello-Roos bonds, school facility improvement district bonds, certificates of participation, and other debt instruments issued for the purpose of constructing school facilities for the school district and for which owners of property within the school district or the school district are paying debt service is at least 60 percent of the school district’s total bonding capacity, as determined by the board. (3) (A) Whether the total bonding capacity, as defined in Section 15102 or 15106, as applicable, is fifteen million dollars ($15,000,000) or less, in which case, the school district shall be deemed eligible for financial hardship. (B) Commencing with the 2026–27 fiscal year, the amount described in subparagraph (A) shall be adjusted each fiscal year by the inflation adjustment computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (4) Whether the application for funding under this article is from a county superintendent of schools. (5) Whether the school district submits other evidence of substantial local effort acceptable to the board. (6) The value of any unused local general obligation debt capacity, and developer fees added to the needs analysis to reflect the district’s financial hardship, available for the purposes of school facilities financing. (Amended by Stats. 2024, Ch. 81, Sec. 19. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  82. 17075.20.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 8. Hardship Application [17075.10 - 17075.20] ( Article 8 added by Stats. 1998, Ch. 407, Sec. 4. )

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    The board may provide disaster-related assistance for interim housing to affected school districts and county offices of education, and recipients may keep project savings for certain capital outlay uses.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 8. Hardship Application [17075.10 - 17075.20] ( Article 8 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 to, the leasing or acquisition of portable classrooms and any work associated with placing them on a site, to school districts and county offices of education impacted by a natural disaster for which the Governor has declared a state of emergency. The allocated funds shall supplement funding from insurance or any other local, state, or federal government disaster assistance. (b) For purposes of this section, and notwithstanding any other section of this chapter, school districts and county offices of education determined by the board to be impacted by a natural disaster as described in subdivision (a) are deemed to meet the requirements set forth in Section 17075.10. (c) Notwithstanding any other law, a school district or county office of education that receives assistance under this section shall be entitled to retain savings from a project and use those savings for other high-priority capital outlay purposes consistent with the requirements of subdivision (c) of Section 17070.63. (d) (1) A grant provided pursuant to this section shall not affect the applicant’s eligibility for any other program under this chapter. (2) Notwithstanding paragraph (1), a portable classroom purchased pursuant to subdivision (a) shall be included in the determination of eligibility for new construction funding pursuant to Section 17071.75. (e) The board may provide any other assistance to a school district or county office of education determined by the board to be impacted by a natural disaster as described in subdivision (a). (Added by Stats. 2024, Ch. 81, Sec. 20. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  83. 17075.50.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 8.5. Classroom Security Locks [17075.50- 17075.50.] ( Article 8.5 added by Stats. 2010, Ch. 430, Sec. 2. )

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    New construction projects submitted to the Division of the State Architect must include inside-lockable classroom and certain room doors, and the locks must meet Title 24 specifications.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 8.5. Classroom Security Locks [17075.50- 17075.50.] ( Article 8.5 added by Stats. 2010, Ch. 430, Sec. 2. ) ## 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 allow doors to classrooms and any room with an occupancy of five or more persons to be locked from the inside. (b) The locks shall conform to the specifications and requirements set forth in Title 24 of the California Code of Regulations. (c) Doors that are locked from the outside at all times and pupil restrooms are exempt from the requirements of this section. (Added by Stats. 2010, Ch. 430, Sec. 2. (AB 211) Effective January 1, 2011.)
  84. 17076.10.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 9. Program Accountability [17076.10 - 17076.11] ( Article 9 added by Stats. 1998, Ch. 407, Sec. 4. )

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    School districts that get funds under this chapter must file annual expenditure reports and a final report; the board can audit, rescind funding, and require repayment if funds are misused or progress is too slow.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 9. Program Accountability [17076.10 - 17076.11] ( Article 9 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 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 matching funds annually until all state funds and school district matching funds are expended, and shall then submit a final report to the board. The board may require an audit of these reports or other school district records to ensure that all funds received pursuant to this chapter are expended in accordance with program requirements. (b) If the board finds that a participating school district has not made substantial progress towards increasing its pupil capacity or modernizing its facilities within 18 months of receiving any funding pursuant to this chapter, the board shall rescind the apportionment in an amount equal to the unexpended funds. (c) (1) If the board, after the review of expenditures or audit has been conducted pursuant to subdivision (a), determines that a school district failed to expend funds in accordance with this chapter, the department shall notify the school district of the amount that must be repaid to the 1998 State School Facilities Fund, the 2002 State School Facilities Fund, the 2004 State School Facilities Fund, the 2006 State School Facilities Fund, or the 2016 State School Facilities Fund, as the case may be, within 60 days. If the school district fails to make the required payment within 60 days, the department shall notify the Controller and the school district in writing, and the Controller shall deduct an amount equal to the amount to be repaid by the school district under this subdivision, from the school district’s next principal apportionment or apportionments of state funds to the school district, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution. Any amounts obtained by the Controller shall be deposited into the 1998 State School Facilities Fund, the 2002 State School Facilities Fund, the 2004 State School Facilities Fund, the 2006 State School Facilities Fund, or the 2016 State School Facilities Fund, as appropriate. (2) Notwithstanding paragraph (1), if the board determines that repayment of the full liability within 60 days after the board action would constitute a severe financial hardship, as defined by the board, for the school district, the board shall approve a plan of equal annual payments over a period of up to 20 years. The plan shall include interest on each year’s outstanding balance at the rate earned on the state’s Pooled Money Investment Account during that year. The Controller shall withhold amounts, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution, pursuant to the plan. (d) If a school district receives an apportionment, but has not met the criteria to have funds released pursuant to Section 17072.32 or 17074.15 within a period established by the board, but not to exceed 18 months, the board shall rescind the apportionment and deny the district’s application. (Amended by Stats. 2021, Ch. 44, Sec. 13. (AB 130) Effective July 9, 2021.)
  85. 17076.11.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 9. Program Accountability [17076.10 - 17076.11] ( Article 9 added by Stats. 1998, Ch. 407, Sec. 4. )

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    School districts using chapter funds for school construction or modernization must have a yearly participation goal of at least 3% for disabled veteran business enterprises.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 9. Program Accountability [17076.10 - 17076.11] ( Article 9 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 17076.11. Any school district using funds allocated pursuant to this chapter for the construction or modernization of a school building, shall have a participation goal of at least 3 percent, per year, of the overall dollar amount expended each year by the school district, for disabled veteran business enterprises. (Added by Stats. 1999, Ch. 133, Sec. 1. Effective January 1, 2000.)
  86. 17077.10.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 10. School Project Safety Components [17077.10- 17077.10.] ( Article 10 added by Stats. 1999, Ch. 709, Sec. 1. )

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    School districts seeking funding for new or modernized school buildings must include a hard-wired telephone-network connection in each new or modernized classroom, unless they use equivalent wireless technology.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 10. School Project Safety Components [17077.10- 17077.10.] ( Article 10 added by Stats. 1999, Ch. 709, Sec. 1. ) ## 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 connected to a public switched network. (b) The Legislature finds and declares that as of 1999, there are approximately 205,000 classrooms in California’s elementary and secondary schools and only a small, undetermined percentage of these classrooms have telephones. The Legislature finds and declares that in order to protect the safety of pupils, schools should be integrated into local emergency, information, and interagency health and safety, networks with up-to-date telecommunications systems. Connection to these systems would also facilitate community and parent interaction with teachers and schools, and thereby further enhance pupil safety. (c) “School building” as used in this section means and includes any building used, or designed to be used, for elementary or secondary school purposes and constructed, reconstructed, altered, or added to, by the state or by any city or city and county, or by any political subdivision, or by any school district of any kind within the state, or by any regional occupational center or program, established by or authorized to act by any agreement under joint exercise of power, or by the United States government, or any agency thereof. This definition includes any fabrication, construction, or alteration of a relocatable school building. (d) Commencing with applications submitted on or after January 1, 2000, any school district applying for funding pursuant to this chapter shall include in its plans and specifications for the construction or fabrication of a new or modernized school building, that includes the construction or fabrication of new or modernized classrooms, a hard-wired connection to a public switched telephone network in each new or modernized classroom. However, a school district may meet this requirement by utilizing wireless technology equal to a hard-wired connection to a public switched telephone network. (Added by Stats. 1999, Ch. 709, Sec. 1. Effective January 1, 2000.)
  87. 17077.30.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 10.5. Energy Efficiency [17077.30 - 17077.35] ( Heading of Article 10.5 renumbered from Article 10 (as added by Stats. 1999, Ch. 981) by Stats. 2002, Ch. 33, Sec. 20. )

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    A school district applying for certain school construction or modernization funding may certify an energy analysis report, and may count certain energy-related funds or expenditures toward local matching funds.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 10.5. Energy Efficiency [17077.30 - 17077.35] ( Heading of Article 10.5 renumbered from Article 10 (as added by Stats. 1999, Ch. 981) by Stats. 2002, Ch. 33, Sec. 20. ) ## 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 modernization project, the applicant school district may, at the time of submission of the final drawings to the Division of the State Architect, certify that an energy analysis and report has been prepared that sets forth the utility savings that would be generated if the facilities were designed, constructed, and equipped, with the energy efficiency and renewable technologies that would make the facilities exceed the minimum building energy-efficiency standards mandated for new public buildings pursuant to the latest edition of the California Building Standards Code through the use of energy efficiency and renewable energy technologies. (b) The energy analysis and report shall include a verifiable life-cycle cost analysis for each proposed energy conservation measure and renewable energy that may include, but need not be limited to, photovoltaic parking lot and security lighting, and solar swimming pool and domestic water heating, showing a return on investment of less than 15 years. (c) The cost of the energy analyses and reports shall not exceed: (1) Seven thousand five hundred dollars ($7,500) per project for elementary schools. (2) Ten thousand dollars ($10,000) per project for middle schools. (3) Fifteen thousand dollars ($15,000) per project for high schools. (d) An applicant school district may count the following funds or expenditures toward meeting the local matching funds requirement under this chapter: (1) The amount from any local sources actually expended on the project by the applicant school district for an energy audit. (2) The amount actually applied to the project from any incentive, grant, or rebate, received by the applicant school district from a program funded pursuant to Section 381 of the Public Utilities Code. (Added by renumbering Section 17077.10 (as added by Stats. 1999, Ch. 981) by Stats. 2002, Ch. 33, Sec. 21. Effective April 29, 2002.)
  88. 17077.35.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 10.5. Energy Efficiency [17077.30 - 17077.35] ( Heading of Article 10.5 renumbered from Article 10 (as added by Stats. 1999, Ch. 981) by Stats. 2002, Ch. 33, Sec. 20. )

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    An applicant school district may add energy-efficiency project components and seek a grant adjustment; the board must provide a grant adjustment for eligible new construction or modernization projects, capped at 5% of specified state grants.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 10.5. Energy Efficiency [17077.30 - 17077.35] ( Heading of Article 10.5 renumbered from Article 10 (as added by Stats. 1999, Ch. 981) by Stats. 2002, Ch. 33, Sec. 20. ) ## 17077.35. (a) An applicant school district may include plan design and other project components that promote school facility energy efficiency approaching the ultimate goal of school facility energy self-sufficiency and pollution reduction, and may seek a grant adjustment for the state’s share of the increased costs associated with those components. (b) Energy efficiency components that enable school facilities to advance state energy goals and adapt to higher average temperatures that pose a threat to the health and safety of pupils and staff are eligible for inclusion into a project pursuant to this section, including, but not limited to, all of the following: (1) Electric heating, ventilation, and air conditioning (HVAC), school kitchen equipment, and water heating. (2) The use of ground source temperatures for heating and cooling. (3) Energy and water conservation, load reduction, peak-load shifting, and building energy efficiency measures. (4) Solar water heating technologies. (5) Onsite renewable energy and storage, such as photovoltaics and battery storage, microgrid controllers, and service panel upgrades. (6) Shade structures and the conversion of ground and rooftop surfaces to materials with low absorption and reflection of heat, which may include, but are not limited to, natural surfaces. (c) In order to be eligible for the grant adjustment pursuant to this section, the building proposed for the project, including the energy-efficiency and renewable energy measures used pursuant to this section, shall exceed the nonresidential building energy-efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations. The applicant shall certify that the cost for the project exceeds the amount of funding otherwise available to the applicant under this chapter. (d) The board shall provide an applicant for a new construction or modernization project with a grant adjustment to provide an increase not to exceed 5 percent of its state grants authorized by Sections 17072.10 and 17074.10 for the state’s share of costs associated with design, purchase, and installation related to school facility energy efficiency as set forth in this article. (e) The board may adopt regulations for purposes of this section. (Amended by Stats. 2024, Ch. 81, Sec. 21. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  89. 17077.40.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 10.6. Joint-Use Facilities [17077.40 - 17077.45] ( Article 10.6 added by Stats. 2002, Ch. 33, Sec. 23. )

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    The board may give grants for joint-use projects at kindergarten through grade 12 school sites, and school districts may apply for funding if the project meets one of the listed criteria.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 10.6. Joint-Use Facilities [17077.40 - 17077.45] ( Article 10.6 added by Stats. 2002, Ch. 33, Sec. 23. ) ## 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 kindergarten to grade 12, inclusive, schoolsites. (b) A school district may apply to the board for funding under this article for a project that meets any of the following criteria: (1) The joint-use project is part of an application for new construction funding under this chapter, and will increase the size or extra cost associated with the joint use of the proposed multipurpose room, gymnasium, child care facility, library, or teacher education facility beyond that necessary for school use. (2) The joint-use project proposes to either reconfigure existing school buildings or construct new school buildings, or both, to provide for a multipurpose room, a gymnasium, a library, a child care facility, or a teacher education facility and the project will be located at a school that does not have the type of facility for which funds are requested or the existing facility is inadequate. (3) The joint-use project proposes to either reconfigure existing school buildings or construct new school buildings, or both, to provide for facilities to improve pupil academic achievement, and the plans for the facility were accepted for review and approval by the department prior to January 1, 2004. (Amended by Stats. 2003, Ch. 587, Sec. 4. Effective January 1, 2004.)
  90. 17077.42.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 10.6. Joint-Use Facilities [17077.40 - 17077.45] ( Article 10.6 added by Stats. 2002, Ch. 33, Sec. 23. )

    Verify source ↗

    A school district seeking a grant for a joint-use facility must meet several application conditions, including a joint-use agreement, required cost-sharing terms, and required approvals.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 10.6. Joint-Use Facilities [17077.40 - 17077.45] ( Article 10.6 added by Stats. 2002, Ch. 33, Sec. 23. ) ## 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 district has entered into a joint-use agreement with a governmental agency, public community college, public college or public university, or a nonprofit organization approved by the board. (b) The joint-use agreement specifies the method of sharing capital and operating costs, specifies relative responsibilities for the operation and staffing of the facility, and specifies the manner in which the safety of the pupils will be ensured. (c) The joint-use agreement specifies the amount of the contribution to be made by the school district and the joint-use partner toward the 50-percent local share of eligible project costs. The contribution made by a joint-use partner shall be no less than 25 percent of eligible project costs, unless the school district has passed a local bond which specifies that proceeds of sale of the bonds are to be used for the joint-use project, in which case the school district may opt to provide up to the full 50-percent local share of eligible costs. (d) The school district demonstrates that the facility will be used to the maximum extent possible for both school and community purposes, or both school and higher education purposes, as applicable. (e) (1) The project application qualifies for funding under paragraph (1) of subdivision (b) of Section 17077.40 and the school district has received all approvals necessary for apportionment under this chapter. (2) The project qualifies for funding under paragraph (2) or (3) of subdivision (b) of Section 17077.40 and the school district has completed preliminary plans for the project and has received State Department of Education approval of the plans. (Amended by Stats. 2007, Ch. 130, Sec. 52. Effective January 1, 2008.)
  91. 17077.45.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 10.6. Joint-Use Facilities [17077.40 - 17077.45] ( Article 10.6 added by Stats. 2002, Ch. 33, Sec. 23. )

    Verify source ↗

    The board must set funding standards, apportion available funds yearly, and hold back or rescind funding until required project plan approvals are in place.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 10.6. Joint-Use Facilities [17077.40 - 17077.45] ( Article 10.6 added by Stats. 2002, Ch. 33, Sec. 23. ) ## 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. (1) For a project application qualifying for funding under paragraph (1) of subdivision (b) of Section 17077.40, the supplemental grant shall be in the form of an adjustment to the per-pupil eligibility of the project. This per-pupil eligibility adjustment shall be calculated to cover costs associated with the project that are uniquely related to the joint-use nature of the project, including, but not limited to, any increased costs associated with planning the joint-use aspect of the project. (2) For a project application qualifying under paragraph (2) or (3) of subdivision (b) of Section 17077.40, the supplemental grant may be provided without regard to the existence of per-pupil eligibility pursuant to this chapter, and may be expressed on a per-square-foot cost basis, on a per-pupil cost basis, or on a per-project cost basis. (b) Notwithstanding any other provision of this chapter, project costs may exceed the board’s standards established pursuant to subdivision (a) only if the excess is paid completely by local or joint-use partner sources. (c) On July 1 of each year the board shall apportion to qualifying applicant school districts those funds that it determines are available for the purpose of this article. The board shall not release funds to a qualifying applicant until the project plans have received all approval required pursuant to this chapter, including, but not limited to, the approval of the Division of the State Architect. If the project does not receive all necessary plan approvals within one year of the date of the apportionment, the board shall rescind the apportionment. (d) If the total funding for the purposes of this article is not sufficient to fund all of the joint-use projects for funding under this article, the board shall first fund projects eligible under paragraphs (1), (2), and (3) of subdivision (b) of Section 17077.40 in that order. The board may establish other priority standards within that order, as necessary. (e) Except as expressly provided in this article, projects funded pursuant to this article shall comply with all other requirements of this chapter, except for Article 11 (commencing with Section 17078.10), which shall apply only to projects under this article if they also qualify for funding under Article 11 (commencing with Section 17078.10). (Amended by Stats. 2004, Ch. 183, Sec. 56. Effective January 1, 2005.)
  92. 17077.60.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 10.7. Testing and Remediation of Lead Levels in Water at Schoolsites [17077.60- 17077.60.] ( Article 10.7 added by Stats. 2024, Ch. 81, Sec. 22. )

    Verify source ↗

    The board must fund lead testing and remediation for qualifying schoolsites, and school districts that seek funding must test all outlets, share results, and meet conditions for later grants and further testing.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 10.7. Testing and Remediation of Lead Levels in Water at Schoolsites [17077.60- 17077.60.] ( Article 10.7 added by Stats. 2024, Ch. 81, Sec. 22. ) ## 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 schoolsites serving kindergarten or any of grades 1 to 12, inclusive, that were constructed before January 1, 2010, and for the remediation of any water outlets with lead levels in excess of 15 parts per billion. (2) The board shall release disbursements to school districts with approved applications for purposes of this article, to the extent state funds are available, consistent with the applicable school district’s local and state contribution percentages determined pursuant to Section 17074.16. Subject to the availability of funds, the board shall apportion funds to an eligible school district only upon review of evidence that the required local matching funds, for the applicable school district determined pursuant to Section 17074.16, have been expended by the school district for the project, have been deposited in the county fund, or will be expended by the school district by the time of completion of the project, and upon review of evidence that the school district has entered into a binding contract for the completion of that project. (b) (1) A school district that applies for funding to test lead levels in water outlets used for drinking or preparing food shall be required to test all outlets on the schoolsite, except outlets that have been tested or replaced since January 1, 2010. (2) A school district shall provide the test results to the Office of Public School Construction and the community water system that serves the school district. (c) (1) A school district may request a grant for the replacement of a water outlet used for drinking or preparing food if the test results indicate lead levels for that water outlet exceed 15 parts per billion. (2) Additional testing shall be required upon completion of the remediation efforts specified in paragraph (1) to ensure that lead levels have fallen below 15 parts per billion. (d) The board shall establish funding cycles for allocation of funds. If funds are available at the conclusion of the funding cycles, the board may adopt regulations to provide grants to replace any pipes or fixtures that are contributing to the elevated lead levels if lead levels do not fall below 15 parts per billion after additional testing has been performed, as specified in paragraph (2) of subdivision (c). (e) The board may consider setting a maximum amount on the grant to be provided for testing and remediation. (Added by Stats. 2024, Ch. 81, Sec. 22. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  93. 17078.10.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] ( Article 11 added by Stats. 2002, Ch. 33, Sec. 24. )

    Verify source ↗

    This section creates the Critically Overcrowded School Facilities Program, assigns it to the board to administer, and defines key terms used in the article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] ( Article 11 added by Stats. 2002, Ch. 33, Sec. 24. ) ## 17078.10. (a) There is hereby established the Critically Overcrowded School Facilities Program to be administered by the board. (b) For the purposes of this article, “preliminary application” means an application for a preliminary apportionment pursuant to this article. (c) For the purposes of this article, “preliminary apportionment” means an apportionment made for eligible applicants with critically overcrowded schools in advance of full compliance with all of the application requirements otherwise required for an apportionment pursuant to this chapter. (d) For the purposes of this article, “final apportionment” has the same meaning as “apportionment” as set forth in subdivision (a) of Section 17070.15. (e) There is hereby established the 2002 Critically Overcrowded School Facilities Account within the 2002 State School Facilities Fund, and the 2004 Critically Overcrowded School Facilities Account within the 2004 State School Facilities Fund, for the purposes of this article. Funds reserved for the purposes of this article shall be placed in those accounts, as appropriate, and shall be available exclusively for projects eligible under this article until the funds are made available for other purposes of this chapter pursuant to Section 17078.30. (Added by Stats. 2002, Ch. 33, Sec. 24. Effective April 29, 2002.)
  94. 17078.15.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] ( Article 11 added by Stats. 2002, Ch. 33, Sec. 24. )

    Verify source ↗

    This section says when Article 11 applies to a project, how it interacts with other chapter provisions, and that a school district cannot use the same per-unhoused-pupil eligibility for more than one application at the same time.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] ( Article 11 added by Stats. 2002, Ch. 33, Sec. 24. ) ## 17078.15. (a) Unless this article expressly provides otherwise, the provisions contained in the other articles of this chapter shall apply with equal force to a project funded under this article. This article shall control over the provisions of this chapter contained in other articles only to the extent that this article expressly conflicts with those provisions.(b) This article shall apply only to a project that is otherwise eligible under this chapter and that meets both of the following criteria: (1) The project meets the criteria set forth in Section 17078.18. (2) The project is to be funded from the proceeds of state bonds approved by the voters at the November 5, 2002, statewide general election, or the 2004 direct primary election or the 2004 statewide general election, as the case may be, that were expressly reserved in the bond act or acts for the purposes set forth in this article. (c) The state share of project costs and the state per-unhoused-pupil new construction apportionments for programs eligible under this article shall be equal to the share and amounts otherwise provided by the board pursuant to this chapter, including, but not limited to, any applicable adjustments or supplements otherwise authorized pursuant to this chapter. (d) A school district that elects to utilize per-unhoused-pupil eligibility pursuant to this chapter to support a project pursuant to this article, shall not simultaneously utilize that same eligibility to support any other application pursuant to this chapter. (Added by Stats. 2002, Ch. 33, Sec. 24. Effective April 29, 2002.)
  95. 17078.18.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] ( Article 11 added by Stats. 2002, Ch. 33, Sec. 24. )

    Verify source ↗

    Projects funded under this article must meet specified school-facility criteria, including new construction to relieve overcrowding and location and density requirements.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] ( Article 11 added by Stats. 2002, Ch. 33, Sec. 24. ) ## 17078.18. Projects funded under this article shall meet all of the following criteria: (a) The project is a new construction project to build new pupil capacity to relieve overcrowding. (b) The proposed school facility shall be located in the proposed general location, as set forth in Section 17078.22, of the school or schools that have the conditions and pupils that establish the eligibility pursuant to this article as set forth in subdivision (c). (c) At least 75 percent of the projected pupil occupancy of the project facilities shall come from a source school or source schools that have a site pupil population density greater than 115 pupils per acre in grades kindergarten to six, inclusive, or a site pupil population density greater than 90 pupils per acre in grades seven to 12, inclusive, as determined by the Superintendent of Public Instruction using enrollment data from the California Basic Educational Data System for the 2001–02 school year. For source schools with grades that include a combination of kindergarten to six, inclusive, and seven to 12, inclusive, the controlling source schoolsite pupil population density shall be the one applicable to the grade levels in which the majority of the pupils are enrolled at the source school. (Added by Stats. 2002, Ch. 33, Sec. 24. Effective April 29, 2002.)
  96. 17078.20.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] ( Article 11 added by Stats. 2002, Ch. 33, Sec. 24. )

    Verify source ↗

    The board must inform school districts about funding and deadlines, applicants must file preliminary applications, and the board must accept and prioritize them under specified deadline rules.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] ( Article 11 added by Stats. 2002, Ch. 33, Sec. 24. ) ## 17078.20. (a) The board shall disseminate information to school districts regarding the availability of funding pursuant to this article and the appropriate deadlines for applications. (b) Applicants for funding pursuant to this article shall submit preliminary applications to the board. (c) The preliminary applications shall be submitted by May 1, 2003, for projects to be funded with the proceeds of bonds approved by the voters at the November 5, 2002, statewide general election. (d) Preliminary applications shall be accepted by the board during the period between 60 days before and 120 days after, the 2004 direct primary election, or the 2004 statewide general election, as appropriate for projects to be funded with the proceeds of bonds approved by the voters at the 2004 direct primary election, or the 2004 statewide general election, as appropriate. (e) If funds are insufficient to fully fund all of the preliminary applicants, the board shall apportion first to those projects that would house pupils from source schools with the highest pupil density levels relative to the State Department of Education standards. (Amended by Stats. 2002, Ch. 935, Sec. 12. Effective January 1, 2003.)
  97. 17078.22.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] ( Article 11 added by Stats. 2002, Ch. 33, Sec. 24. )

    Verify source ↗

    Preliminary applications must set eligibility, identify the pupil population and source schools, choose the facility location within stated distance/attendance-area limits, and estimate costs. The State Department of Education may grant a distance variance if the school district shows it is needed to provide facilities for the identified pupils.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] ( Article 11 added by Stats. 2002, Ch. 33, Sec. 24. ) ## 17078.22. (a) The preliminary applications shall do all of the following: (1) Establish per-unhoused-pupil eligibility as set forth in Article 3 (commencing with Section 17071.75). (2) Identify the unhoused pupil population that the proposed project will serve by determining the number of pupils to be served and the likely source school or schools from which the pupils population will be drawn. (3) Identify the proposed general location of the needed new facilities pursuant to any of the following: (A) Within that portion of the attendance area from which one or more elementary schools that would be a source of the per-pupil eligibility for the proposed facility draws its enrollment, or within a one-mile radius of a source school, or within a one-mile radius of any one of the source schools if there are more than one, whichever is greater. (B) Within the attendance area of a high school, middle school, or junior high school that would be a source of the per-pupil eligibility for the proposed facility or within a three-mile radius of a source school, or within a three-mile radius of any one of the source schools if there are more than one, whichever is greater. (4) Estimate the total facility cost on a per-pupil basis and estimate the total site acquisition and development costs pursuant to the regulations adopted pursuant to subdivision (c) of Section 17078.24. (b) The State Department of Education may grant a variance from the distance maximums set forth in paragraph (3) of subdivision (a) if the school district demonstrates to the satisfaction of the department that the variance is necessary in order to adequately provide facilities for the identified source school pupils. (Added by Stats. 2002, Ch. 33, Sec. 24. Effective April 29, 2002.)
  98. 17078.24.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] ( Article 11 added by Stats. 2002, Ch. 33, Sec. 24. )

    Verify source ↗

    The board must make preliminary apportionments for eligible applicants from reserved funds, include specified project cost estimates, and adopt regulations for setting those costs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] ( Article 11 added by Stats. 2002, Ch. 33, Sec. 24. ) ## 17078.24. (a) On the basis of the preliminary application and upon confirmation by the board of the applicant’s eligibility, the board shall in a timely manner make a preliminary apportionment for applicants under this article exclusively from funds reserved expressly for the purposes of this article. (b) Preliminary apportionments for site development and acquisition included in the preliminary application pursuant to subdivision (a) of Section 17078.22 shall be based either on the preliminary appraisal, if available, or on the median costs of appropriately sized parcels within the qualifying area, as determined by the board. (c) Preliminary apportionments shall include the total estimated state costs of the project, including, but not limited to, site acquisition and development costs related to evaluations and elimination of hazardous materials, an inflation factor, any applicable excess cost allowances, and hardship costs, if any. The board shall adopt regulations establishing standards and methods for setting these costs and for making related estimates. (Added by Stats. 2002, Ch. 33, Sec. 24. Effective April 29, 2002.)
  99. 17078.25.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] ( Article 11 added by Stats. 2002, Ch. 33, Sec. 24. )

    Verify source ↗

    The applicant has up to four years from preliminary apportionment to finish the final apportionment application, and may seek one one-year extension if the board finds substantial progress.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] ( Article 11 added by Stats. 2002, Ch. 33, Sec. 24. ) ## 17078.25. (a) Within the maximum time period set forth in Section 17078.30, the applicant shall have a period of up to four years from the date of the preliminary apportionment in which to complete the application for final apportionment. (b) The applicant may request a single one-year extension of the period set forth in subdivision (a). The board shall grant the request for the single one-year extension if it determines that the applicant has made substantial progress towards completing the requirements for filing an application for final apportionment. The board may grant only one one-year extension for the project and may only grant the extension if granting the extension would not, in total, cause the project to exceed the maximum time period set forth in Section 17078.30. (c) The board shall adopt regulations setting forth standards for determining the existence of substantial progress within the meaning of subdivision (b). (d) The governing board of a school district shall report annually to the State Allocation Board regarding the progress made toward completing the requirements for filing an application for final apportionment, and shall annually hold, at a regularly scheduled meeting of the governing board, a public hearing pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code) to discuss, and to receive public comment regarding, the report. (e) In its first annual report the governing board of the school district shall certify that the State Department of Education has determined in writing that there is at least one approvable site within the proposed general location of the proposed facility identified pursuant to paragraph (3) of subdivision (a) of Section 17078.22, or within the variance location authorized pursuant to subdivision (b) of Section 17078.22. (f) If the applicant for the one-year extension pursuant to subdivision (b) has not made substantial progress to complete the application process within the allotted time period, the preliminary apportionment shall be rescinded and shall be utilized by the board for funding of other projects that have received a preliminary apportionment pursuant to this article, or at the expiration of the maximum time allowed pursuant to Section 17078.30, the board shall use the funds for any other new construction purpose of this chapter. (Added by Stats. 2002, Ch. 33, Sec. 24. Effective April 29, 2002.)
  100. 17078.27.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] ( Article 11 added by Stats. 2002, Ch. 33, Sec. 24. )

    Verify source ↗

    The board must adjust and convert preliminary apportionments to final apportionments when the applicant has met the chapter’s conditions. The board may only adjust for cost increases if reserved uncommitted funds remain available. Applicants may use specified enrollment methods for final-apportionment eligibility, and a school district that uses one method must use it for all related final-apportionment applications from the same bond authorization.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] ( Article 11 added by Stats. 2002, Ch. 33, Sec. 24. ) ## 17078.27. (a) Upon completion of the preliminary process authorized pursuant to this article, and when a preliminary applicant has complied with the conditions set forth in this chapter for a final apportionment, including, but not limited to, Section 17070.50, the board shall adjust the preliminary apportionment as set forth in subdivision (b) and as necessary to reflect the current eligible grant amounts for final apportionments pursuant to this chapter consistent with regulations adopted pursuant to subdivision (c) of Section 17078.24. The board shall then convert the adjusted preliminary apportionment to a final apportionment and proceed to completion of the project in the same manner as for any project funded under provisions of this chapter other than this article. (b) The board may adjust for cost increases only if uncommitted funds reserved expressly for the purposes of this article remain available for those purposes. (c) For purposes of calculating enrollment to determine eligibility for a final apportionment for a project funded from the Kindergarten-University Public Education Facilities Bond Act of 2002, as set forth in Part 68.1 (commencing with Section 100600), and the Kindergarten-University Public Education Facilities Bond Act of 2004, as set forth in Part 68.2 (commencing with Section 100800), an applicant may use one of the following methods as an alternative to the method provided in subdivision (a) of Section 17071.75: (1) The current year enrollment as recorded on the cohort survival enrollment projection system described in subdivision (a) of Section 17071.75, for the year in which the application for the final apportionment is submitted. (2) (A) If eligibility for the preliminary apportionment was calculated pursuant to Section 17071.76, the current year or five-year projected enrollment as recorded on a cohort survival enrollment projection system, developed and approved by the board, that uses pupil residence in the high school attendance area, for the year in which the application for the final apportionment is submitted. (B) A school district that uses the method described in this paragraph to calculate enrollment shall also use this method to calculate enrollment for all applications it submits for final apportionments for projects for which preliminary apportionments were approved from the same bond authorization. (Amended by Stats. 2005, Ch. 710, Sec. 2. Effective January 1, 2006.)
  101. 17078.30.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] ( Article 11 added by Stats. 2002, Ch. 33, Sec. 24. )

    Verify source ↗

    Some reserved school bond funds must become available to the board for apportionment for new construction purposes under other articles when they are not included in certain preliminary or final apportionments.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] ( Article 11 added by Stats. 2002, Ch. 33, Sec. 24. ) ## 17078.30. (a) (1) A portion of the funds reserved for the purposes set forth in this article from the proceeds of state bonds approved by the voters at the November 5, 2002, statewide general election that are not included in a preliminary apportionment for an application that is received by the deadline specified in subdivision (c) of Section 17078.20 shall thereafter be available to the board for apportionment for any new construction purpose under any other article of this chapter. (2) The amount of funds that shall be made available to the board for purposes other than this article, pursuant to this subdivision, shall be calculated as follows: (A) Add the total amount preliminarily apportioned to 15 percent of that amount. (B) Take the number calculated pursuant to subparagraph (A) and subtract that number from the amount originally reserved for the purposes of this article. (C) The number calculated pursuant to subparagraph (B) shall thereafter be available to the board for any new construction purpose under any other article of this chapter. (3) All funds reserved for the purposes set forth in this article from the proceeds of state bonds approved by the voters at the November 5, 2002, statewide general election pursuant to a preliminary apportionment that are not included within a final apportionment within the timeframes permitted by Section 17078.25 shall thereafter be available to the board for apportionment for any new construction purpose under any other article of this chapter. (b) (1) A portion of the funds reserved for the purposes set forth in this article from the proceeds of state bonds approved by the voters at the 2004 direct primary election, or the 2004 statewide general election, as appropriate, that are not included in a preliminary apportionment for an application that is received by the deadline specified in subdivision (d) of Section 17078.20 shall thereafter be available to the board for apportionment for any new construction purpose under any other article of this chapter. (2) The amount of funds that shall be made available to the board for purposes other than this article, pursuant to this subdivision, shall be calculated as follows: (A) Add the total amount preliminarily apportioned to 15 percent of that amount. (B) Take the number calculated pursuant to subparagraph (A) and subtract that number from the amount originally reserved for the purposes of this article. (C) The number calculated pursuant to subparagraph (B) shall thereafter be available to the board for any new construction purpose under any other article of this chapter. (3) All funds reserved for the purposes set forth in this article from the proceeds of state bonds approved by the voters at the 2004 direct primary election, or the 2004 statewide general election, as appropriate, pursuant to a preliminary apportionment that are not included within a final apportionment within the timeframes permitted by Section 17078.25 shall thereafter be available to the board for apportionment for any new construction purpose under any other article of this chapter. (Amended by Stats. 2002, Ch. 935, Sec. 13. Effective January 1, 2003.)
  102. 17078.35.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11.5. Assistance to Small School Districts [17078.35 - 17078.38] ( Article 11.5 added by Stats. 2024, Ch. 81, Sec. 23. )

    Verify source ↗

    This section defines terms used in the article, including “final apportionment,” “preliminary application,” “preliminary apportionment,” “project and construction management grant,” and “small school district.”

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11.5. Assistance to Small School Districts [17078.35 - 17078.38] ( Article 11.5 added by Stats. 2024, Ch. 81, Sec. 23. ) ## 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) of Section 17070.15. (b) “Preliminary application” means an application for a preliminary apportionment pursuant to this article. (c) “Preliminary apportionment” means a reservation of bond authority for eligible applicants under this article in advance of full compliance with all of the application requirements otherwise required for an apportionment pursuant to this chapter. (d) “Project and construction management grant” means a grant for purposes of obtaining the services from a county office of education, other local educational agency with applicable school facilities construction expertise, applicable state department, or a certified private construction consulting entity from the list maintained pursuant to paragraph (2) of subdivision (d) of Section 17078.47, to assist with the planning, site acquisition, preconstruction, construction, and closeout of a project. (e) “Small school district” is a school district, as defined in Section 17070.15, with an enrollment of fewer than 2,501 pupils. (Added by Stats. 2024, Ch. 81, Sec. 23. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  103. 17078.36.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11.5. Assistance to Small School Districts [17078.35 - 17078.38] ( Article 11.5 added by Stats. 2024, Ch. 81, Sec. 23. )

    Verify source ↗

    This section says Article 11.5 applies only to certain small school district projects that meet specified criteria and funding limits, and the article controls if it expressly conflicts with other chapter provisions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11.5. Assistance to Small School Districts [17078.35 - 17078.38] ( Article 11.5 added by Stats. 2024, Ch. 81, Sec. 23. ) ## 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 funded under this article. This article shall control over the provisions of this chapter contained in other articles only to the extent that this article expressly conflicts with those provisions. (b) This article shall apply only to a small school district that is otherwise eligible under this chapter for a project that meets both of the following: (1) The project meets the criteria set forth in subdivision (a) of Section 17078.37. (2) The project is to be funded from proceeds of state bonds approved by the voters at the November 5, 2024, statewide general election that shall not exceed the amounts made available pursuant to paragraphs (1) and (2) of subdivision (a) of Section 101412. (Added by Stats. 2024, Ch. 81, Sec. 23. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  104. 17078.37.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11.5. Assistance to Small School Districts [17078.35 - 17078.38] ( Article 11.5 added by Stats. 2024, Ch. 81, Sec. 23. )

    Verify source ↗

    Applicants for funding must submit preliminary applications to the board and meet listed eligibility requirements. The board must accept and preliminarily apportion qualifying small school district applications, and if requested, provide a project and construction management grant equal to 5 percent of the state share of the preliminary apportionment.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11.5. Assistance to Small School Districts [17078.35 - 17078.38] ( Article 11.5 added by Stats. 2024, Ch. 81, Sec. 23. ) ## 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 shall do both of the following: (1) Submit preliminary applications to the board. (2) Meet the eligibility requirements described in Article 3 (commencing with Section 17071.75) and Article 6 (commencing with Section 17073.10), as applicable. (b) The board shall do both of the following: (1) Accept a preliminary application from, and make a preliminary apportionment to, a small school district for new construction grants pursuant to Article 4 (commencing with Section 17072.10) or modernization grants pursuant to Article 7 (commencing with Section 17074.10) in a manner substantially identical to the preliminary apportionment requirements established in Section 17078.24, except that the eligibility of the applicant shall be based on the criteria established in paragraph (2) of subdivision (a). (2) If requested, provide a preliminary apportionment of a project and construction management grant equal to 5 percent of the state share of the preliminary apportionment. (Added by Stats. 2024, Ch. 81, Sec. 23. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  105. 17078.38.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11.5. Assistance to Small School Districts [17078.35 - 17078.38] ( Article 11.5 added by Stats. 2024, Ch. 81, Sec. 23. )

    Verify source ↗

    The board must adopt regulations covering preliminary applications, apportionments, grant distribution, progress requirements, and final apportionment rules.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11.5. Assistance to Small School Districts [17078.35 - 17078.38] ( Article 11.5 added by Stats. 2024, Ch. 81, Sec. 23. ) ## 17078.38. The board shall adopt regulations setting forth all of the following: (a) The preliminary application and preliminary apportionment. (b) The apportionment of design grants, project assistance grants pursuant to subdivision (e) of Section 17072.10 and subdivision (e) of Section 17074.10, as applicable, and project and construction management grants to applicants that qualify for financial hardship assistance pursuant to Section 17075.15, as part of the preliminary apportionment. (c) The existence of substantial progress requirements on apportionments for design and site grants identical to the requirements set forth in Section 1859.105 of Title 2 of the California Code of Regulations. (d) The requirements for a final apportionment for the project in a manner substantially identical to the requirements of subdivisions (a) and (b) of Section 17078.25. (Added by Stats. 2024, Ch. 81, Sec. 23. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  106. 17078.45.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11.7. State Augmentation of Federal Supporting America’s School Infrastructure Grant Program for Priority School Districts [17078.45 - 17078.48] ( Article 11.7 added by Stats. 2024, Ch. 81, Sec. 24. )

    Verify source ↗

    This section defines terms used in the article, including “centralized online resources,” “direct technical assistance,” “priority school district,” “SASI Grant,” and “state and county collaboration.”

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11.7. State Augmentation of Federal Supporting America’s School Infrastructure Grant Program for Priority School Districts [17078.45 - 17078.48] ( Article 11.7 added by Stats. 2024, Ch. 81, Sec. 24. ) ## 17078.45. For purposes of this article, the following definitions apply: (a) “Centralized online resources” means an online portal or webpage dedicated to facilities maintenance and capital outlay in support of priority school districts. (b) “Direct technical assistance” means professional support on facilities maintenance and capital outlay provided in person to a priority school district at the site. (c) “Priority school district” means a school district that the State Department of Education determines is in need of capital outlay assistance. The State Department of Education’s determination is based on the school district meeting one or more of the following criteria: (1) An enrollment of fewer than 2,501 pupils. (2) Low gross bonding capacity per enrollment. (3) A high percentage of unduplicated pupils. (4) Has not previously submitted an application for funding pursuant to the School Facility Program. (d) “SASI Grant” means the federal Supporting America’s School Infrastructure Grant Program. (e) “State and county collaboration” means the joint efforts of the State Department of Education, county offices of education, and other state agencies, such as the Division of the State Architect and the Office of Public School Construction, to provide regional resource centers throughout the state to ensure priority school districts have access to local support. (Added by Stats. 2024, Ch. 81, Sec. 24. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  107. 17078.46.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11.7. State Augmentation of Federal Supporting America’s School Infrastructure Grant Program for Priority School Districts [17078.45 - 17078.48] ( Article 11.7 added by Stats. 2024, Ch. 81, Sec. 24. )

    Verify source ↗

    The board must give a $5,000,000 grant to the State Department of Education for the SASI Grant and priority school districts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11.7. State Augmentation of Federal Supporting America’s School Infrastructure Grant Program for Priority School Districts [17078.45 - 17078.48] ( Article 11.7 added by Stats. 2024, Ch. 81, Sec. 24. ) ## 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 support priority school districts as described in this article. The grant funds shall be made available from the amounts allocated pursuant to paragraphs (1) and (2) of subdivision (a) of Section 101412 at the board’s discretion. (b) Any portion of the amount described in subdivision (a) that is not allocated pursuant to subdivision (a) by January 1, 2030, shall be available for the purposes described in paragraphs (1) and (2) of subdivision (a) of Section 101412, as determined by the board. (Added by Stats. 2024, Ch. 81, Sec. 24. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  108. 17078.47.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11.7. State Augmentation of Federal Supporting America’s School Infrastructure Grant Program for Priority School Districts [17078.45 - 17078.48] ( Article 11.7 added by Stats. 2024, Ch. 81, Sec. 24. )

    Verify source ↗

    Bond funds allocated to the State Department of Education under Section 17070.46 must be used for the purposes listed in this section.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11.7. State Augmentation of Federal Supporting America’s School Infrastructure Grant Program for Priority School Districts [17078.45 - 17078.48] ( Article 11.7 added by Stats. 2024, Ch. 81, Sec. 24. ) ## 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 technical assistance to priority school districts, including training in at least all of the following: (1) Tools used to determine if a school facility is in “good repair” as defined in paragraph (1) of subdivision (d) of Section 17002 and rating a facility pursuant to paragraph (2) of subdivision (d) of Section 17002. (2) Developing a schoolsite inventory. (3) Assessing facility needs, estimating costs, and prioritizing projects. (4) Identifying funding options, including eligibility to participate in the school facilities program. (5) Developing facility contracts, including testing, architectural services, inspections, and construction. (b) State and county collaboration efforts, including at least all of the following: (1) Developing a regional network of facilities and maintenance staff at county offices of education throughout the state to sustain ongoing support for priority school districts. (2) Conducting quarterly meetings throughout the state, in partnership with the Division of the State Architect and the Office of Public School Construction, designed to address the facilities challenges faced by priority school districts. (3) Partnering with other state agencies and organizations representing priority school districts with limited expertise and capacity. (c) Development and maintenance of centralized online resources, including at least all of the following: (1) Dedicating a portal or webpage to school facilities maintenance to support maintenance assessment, state and national funding programs, and contract development and management. (2) Providing standardized forms and tools for use by priority school districts. (3) Developing an on-demand library of resources, including webinars, videos, and additional learning tools. (d) State level expertise on facility maintenance, which may include both of the following: (1) Building the capacity of the State Department of Education and county offices of education in supporting priority school districts. (2) Establishing, in partnership with the Division of the State Architect and the Office of Public School Construction, a certification process for private construction consultants and maintaining an up-to-date list of certified consultants for use by priority school districts. (Added by Stats. 2024, Ch. 81, Sec. 24. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  109. 17078.48.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11.7. State Augmentation of Federal Supporting America’s School Infrastructure Grant Program for Priority School Districts [17078.45 - 17078.48] ( Article 11.7 added by Stats. 2024, Ch. 81, Sec. 24. )

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    The State Department of Education must adopt regulations on how bond funds under this article are allocated and used.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 11.7. State Augmentation of Federal Supporting America’s School Infrastructure Grant Program for Priority School Districts [17078.45 - 17078.48] ( Article 11.7 added by Stats. 2024, Ch. 81, Sec. 24. ) ## 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 this article, including, but not limited to, all of the following: (a) The process for determining recipients of direct technical assistance. (b) The framework for state and county collaboration efforts. (c) The development, maintenance, and accessibility of centralized online resources. (d) Reporting and accountability measures to ensure the effective use of the allocated funds and the achievement of its intended outcomes. (Added by Stats. 2024, Ch. 81, Sec. 24. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  110. 17078.52.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. )

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    This section creates the Charter School Facilities Program and related funding accounts, and directs the board to transfer funds to the California School Finance Authority Fund when requested by the authority.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. ) ## 17078.52. (a) There is hereby established the Charter School Facilities Program to provide funding to qualifying entities for the purpose of establishing school facilities for charter school pupils. (b) (1) The 2002 Charter School Facilities Account is hereby established within the 2002 State School Facilities Fund established pursuant to subdivision (b) of Section 17070.40. The proceeds of bonds, as set forth in subparagraph (A) of paragraph (1) of subdivision (a) of Section 100620, shall be deposited into the 2002 Charter School Facilities Account for the purposes of this article. Notwithstanding Section 13340 of the Government Code, funds deposited into the account are hereby continuously appropriated for the purposes of this article. (2) The 2004 Charter School Facilities Account is hereby established within the 2004 State School Facilities Fund established pursuant to subdivision (c) of Section 17070.40. The proceeds of bonds, as set forth in subparagraph (A) of paragraph (1) of subdivision (a) of Section 100820, if approved by the voters, shall be deposited into the 2004 Charter School Facilities Account for the purposes of this article. Notwithstanding Section 13340 of the Government Code, funds deposited into the account are hereby continuously appropriated for the purposes of this article. (3) The 2006 Charter School Facilities Account is hereby established within the 2006 State School Facilities Fund established pursuant to subdivision (d) of Section 17070.40. The proceeds of bonds, as set forth in paragraph (2) of subdivision (a) of Section 101012, if approved by the voters, shall be deposited into the 2006 Charter School Facilities Account for the purposes of this article. Notwithstanding Section 13340 of the Government Code, funds deposited into the account are hereby continuously appropriated for the purposes of this article. (4) The 2024 Charter School Facilities Account is hereby established within the 2024 State School Facilities Fund established pursuant to Section 17070.42. The proceeds of bonds, as set forth in paragraph (3) of subdivision (a) of Section 101412 and if approved by the voters at the November 5, 2024, statewide general election, shall be deposited into the 2024 Charter School Facilities Account for purposes of this article. Notwithstanding Section 13340 of the Government Code, funds deposited into the account are hereby continuously appropriated for purposes of this article. (c) As used in this article, the following terms have the following meanings: (1) “Authority” means the California School Finance Authority established pursuant to Section 17172. (2) “Account” means the pertinent account established under subdivision (b). (3) “Preliminary apportionment” means an apportionment made for eligible applicants under this article in advance of full compliance with all of the application requirements otherwise required for an apportionment pursuant to this chapter. The process for making preliminary apportionments under this article shall be substantially identical to the process established for critically overcrowded schools pursuant to Sections 17078.22 to 17078.30, inclusive. (4) “Financially sound” means a charter school that has demonstrated, over a period of time determined by the authority, but not less than 24 months immediately preceding the submission of the application, that it has operated as a financially capable concern in California, as measured by criteria established by the authority. A charter school that cannot demonstrate that it has been a financially capable concern for at least 24 months immediately preceding the submission of the application, due solely to not having operated as a charter school for at least 24 months, may meet this 24-month requirement if the charter school is managed by staff who have at least 24 months of documented experience, as measured by criteria established by the authority and the charter school has an educational plan, financial resources, facilities expertise, management expertise, and has been a financially capable concern for at least 24 months, as established by the authority. (d) The board shall, from time to time, transfer funds within the account to the California School Finance Authority Fund for the purposes of this article pursuant to the request of the authority as set forth in this article. (Amended by Stats. 2024, Ch. 81, Sec. 25. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  111. 17078.53.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. )

    Verify source ↗

    This section sets deadlines and content requirements for preliminary applications for charter school facilities funding, and gives the board related processing powers and duties.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. ) ## 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 board may establish subsequent application periods as needed. (b) Preliminary applications may be submitted by eligible applicants as set forth in this article by either of the following: (1) A school district on behalf of a charter school that is physically located within the geographical jurisdiction of the school district. (2) A charter school on its own behalf if the charter school has notified both the superintendent and the governing board of the school district in which it is physically located of its intent to do so in writing at least 30 days prior to submission of the preliminary application. (c) A preliminary application shall demonstrate either of the following: (1) That a charter petition for the school for which the application is submitted has been granted by the appropriate chartering entity prior to the application deadline determined by the board. (2) That an already existing charter has been amended to include the school for which the application is submitted and approved by the appropriate chartering entity prior to the deadline determined by the board. (d) A preliminary application shall include either of the following: (1) For a preliminary application submitted pursuant to paragraph (1) of subdivision (b), the number of unhoused pupils determined pursuant to Article 3 (commencing with Section 17071.75) that will be housed by the project for which the preliminary application has been submitted. (2) For a preliminary application submitted pursuant to paragraph (2) of subdivision (b), a certification from the governing board of the district within which the charter school is physically located of the number of unhoused pupils for that district determined pursuant to Article 3 (commencing with Section 17071.75) that will be housed by the project for which the preliminary application has been submitted. (e) Prior to submitting a preliminary application, the school district and charter school shall consider existing school district facilities in accordance with Section 47614. (f) The board, after consideration of the recommendations of the authority regarding whether a charter school is financially sound, shall approve the preliminary application and shall make the preliminary apportionment for funding pursuant to this article. (g) (1) The board shall establish a process to ensure that pupil attendance in a charter school that is physically located within the geographical jurisdiction of a school district is counted as per-pupil eligibility for that school district and to ensure that the same per-pupil attendance is not so counted for any other school district or other applicant under this chapter. (2) (A) Except as provided pursuant to subparagraph (B) and notwithstanding subdivision (b) of Section 17071.75, the number of pupils for which facilities are provided under this article shall not be included in the sum determined under subdivision (b) of Section 17071.75. (B) The number of unhoused pupils determined pursuant to subdivision (d) that will be housed by the project for which a preliminary application has been submitted shall be included in the sum determined under subdivision (b) of Section 17071.75. (h) The board shall establish a process to be used for release of funds for approved projects pursuant to this article. Notwithstanding Section 17072.30, the board may provide for the release of planning and site acquisition funds prior to the approval of the project by the Department of General Services pursuant to the Field Act, as defined in Section 17281. (Amended by Stats. 2007, Ch. 130, Sec. 53. Effective January 1, 2008.)
  112. 17078.54.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. )

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    This section sets rules for funding charter school facility projects, including what projects may cover, when funds may not be allocated, and required matching shares and approvals.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. ) ## 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 charter school pupils, as set forth in this article. A project may include, but is not limited to, the cost of retrofitting an existing building for charter school purposes, purchasing a building, or retrofitting a building that has been purchased by the charter school, if those costs have not been previously funded under this chapter, but may not exceed the amounts set forth in subdivision (b). Existing school buildings made available by a school district that will be rehabilitated for the purposes of this article are not subject to Article 6 (commencing with Section 17073.10). An allocation of funds shall not be made for a school facility that is less than 15 years old. (b) The maximum amount of the funding pursuant to this article shall be determined by calculating the charter school’s per-pupil grant amount plus other allowable costs as set forth in this chapter. Funding shall be provided by the authority for new facility construction or rehabilitation as set forth in Section 17078.58. (c) To be funded under this article, a project shall comply with all of the following: (1) It shall meet all the requirements regarding public school construction, plan approvals, toxic substance review, site selection, and site approval, as would any noncharter school project of a school district under this chapter, including, but not limited to, regulations adopted by the State Architect pursuant to Section 17280.5 relating to the retrofitting of existing buildings, as applicable. (2) Notwithstanding any provision of law to the contrary, including, but not limited to paragraph (1), the board, after consulting with the relevant regulatory agencies, shall, to the extent feasible, adopt regulations establishing a process for projects to be subject to a streamlined method for obtaining regulatory approvals for all requirements described in paragraph (1), except for the requirements of the Field Act as defined in Section 17281 which shall be complied with in the same manner as any other project under this chapter. (3) The board shall fund only new construction to be physically located within the geographical jurisdiction of a school district. (d) Facilities funded pursuant to this article shall have a 50 percent local share matching obligation that may be paid by the applicant through lease payments in lieu of the matching share, or as otherwise set forth in this article, including, but not limited to, Section 17078.58. (e) The authority may charge its administrative costs against the respective 2002, 2004, or 2006 Charter School Facilities Account, or the amount described in paragraph (2) of subdivision (a) of Section 101122, which shall be subject to the approval of the Department of Finance and which may not exceed 2.5 percent of the account or amount. (Amended by Stats. 2018, Ch. 32, Sec. 20. (AB 1808) Effective June 27, 2018.)
  113. 17078.56.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. )

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    The board must approve projects with the authority’s consultation, make preliminary apportionments only to financially sound applicants, and give preference to certain charter schools when allocating projects.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. ) ## 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 preliminary apportionments only to financially sound applicants in accordance with all of the following criteria: (1) The board shall seek to ensure that, when considered as a whole, the applications approved pursuant to this article are fairly representative of the various geographical regions of the state. (2) The board shall seek to ensure that, when considered as a whole, the applications approved pursuant to this article are fairly representative of urban, rural, and suburban regions of the state. (3) The board shall seek to ensure that, when considered as a whole, the applications approved pursuant to this article are fairly representative of large, medium, and small charter schools throughout the state. (4) The board shall seek to ensure that, when considered as a whole, the applications approved pursuant to this article are fairly representative of the various grade levels of pupils served by charter school applicants throughout the state. (b) While ensuring that the requirements of subdivision (a) are met when considering all approved projects under this article as a whole, the board shall, within each factor of the criteria set forth in subdivision (a), give a preference to charter schools in overcrowded school districts, charter schools in low-income areas, charter schools operated by not-for-profit entities, and charter schools that utilize existing school district facilities. (Amended by Stats. 2006, Ch. 35, Sec. 9. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35, and adoption of Prop. 1D.)
  114. 17078.57.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. )

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    The authority must adopt regulations for project funding terms and conditions, and it may also adopt, amend, or repeal emergency regulations under this chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. ) ## 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 for funding in accordance with Section 17078.58, including, but not limited to, all of the following: (1) The process for determining the manner in which the applicant will pay its local matching share, including the method for determining lease payments to be made in lieu of the local matching share. The regulations shall comply with all of the following criteria: (A) The payment process set forth in Section 17199.4 may be used. (B) The payment process shall permit lump-sum local matching payments and shall permit establishment of a schedule for lease payments to be made in lieu of the local matching share. (C) The lease payment schedule shall be calculated by amortizing one-half of the total approved project costs, minus lump-sum payments, over the entire payment period as set forth in Section 17078.58. (D) The payment schedule for payments in lieu of the local matching funds pursuant to this section shall be based upon payment, within a reasonable period of time not to exceed a 30-year period, of one-half of the total eligible project costs, and shall be calculated in a manner that is designed to result in full payment of that portion, together with interest thereon at a rate set by the authority. The interest rate shall be set using the lower of the following: (i) The rate paid on moneys in the Pooled Money Investment Account as of the date of disbursement of the funding. (ii) A rate equal to 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds, and the interest rate shall be computed according to the true interest cost method. (E) Notwithstanding subparagraph (D), the authority shall not set the interest rate on a loan at a rate lower than 2 percent. Program participants that have locked in an interest rate before January 1, 2009, may reset their payment schedule based on the interest rate set pursuant to subparagraph (D) as of January 1, 2009. Program participants executing an agreement on and after January 1, 2009, shall have their interest rate set at the time the funding agreement is executed and shall not renegotiate interest rates without prior approval of the authority. (2) The method for determining whether a charter school is financially sound. In the case of a charter school chartered by a school district that is located outside of the school district that chartered it, the method developed by the authority shall include, but shall not be limited to, a site visit to the school facility currently being used by the charter school during hours when pupils are present and instruction is being provided. (3) (A) Security provisions, including, but not limited to, whether title to project facilities shall be held by the school district in which the facility is to be physically located, in trust, for the benefit of the state public school system, or by another entity as authorized pursuant to Section 17078.63. (B) The authority shall adopt a mechanism whereby a person or entity who provides a substantial contribution that is applied to the costs of the project in excess of the state share and the local matching share may be granted a security interest to be satisfied from the proceeds, if any, realized when the property is ultimately disposed of as set forth in paragraph (5) of subdivision (b) of Section 17078.62. (4) The method for integrating funding pursuant to this article with the general procedures of the authority pursuant to subdivision (i) of Section 17180 for otherwise funding projects eligible for funding under this chapter, if appropriate. (b) The authority may adopt, amend, or repeal rules and regulations pursuant to this chapter as emergency regulations. The adoption, amendment, or repeal of these regulations is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code. (Amended by Stats. 2009, Ch. 192, Sec. 1. (SB 592) Effective October 11, 2009.)
  115. 17078.58.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. )

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    This section limits how much funding may be granted, requires local share payments to be collected and paid to the board for deposit in the specified Charter School Facilities Account, and restricts use of deposited funds to charter school facilities purposes.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. ) ## 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 grant eligibility as set forth in Section 17072.10, and subdivision (e) of Section 17078.53, plus 100 percent of all other allowable construction project costs, as appropriate to the project, that would otherwise be available to school district projects as set forth in this chapter. Funding granted for the purposes of rehabilitating buildings under Section 17078.54 shall be limited to the costs necessary to comply with subdivision (c) of Section 17078.54, and shall not exceed the maximum costs that would otherwise be allowable for a new construction project funded under this article. (b) The local share equivalent shall be collected in the form of lease payments or otherwise as set forth in this article. (c) Lease payments in lieu of local share payments, and any other local share payments made pursuant to this article, shall be made to the board for deposit into the respective 2002, 2004, 2006, or 2024 Charter School Facilities Account. Funds deposited into the account pursuant to this section may be used by the board only for a purpose related to charter school facilities pursuant to this article. (d) When a preliminary apportionment under this article is converted to a final apportionment, any funds not needed for the final apportionment shall remain in the 2002, 2004, 2006, or 2024 Charter School Facilities Account for use by the board for any purpose related to charter school facilities pursuant to this article. (Amended by Stats. 2024, Ch. 81, Sec. 26. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  116. 17078.62.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. )

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    This section gives priority to continued charter school use of the facility, limits immediate district occupation in some cases, and sets rules for later possession, title, disposal, and continued public-school use.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. ) ## 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 charter school purposes. (b) If the charter school occupying a facility funded pursuant to this article ceases to utilize the facility for a charter school purpose, all of the following apply: (1) If the charter school is no longer using the facility because the school district in which the charter school is located has revoked or declined to renew the charter, the school district, as a necessary component of the first priority established in subdivision (a), may not immediately occupy the facility, but shall allow a reasonable time, not to exceed six months, for completion of the review process contemplated in Section 47607 or 47607.5. (2) As a second priority, any qualifying successor charter school shall be permitted to meet its facility needs by occupying the facility on equal terms as the prior charter school occupant, including, but not limited to, assumption of fee simple title to the facility, as described in paragraph (3) of subdivision (a) of Section 17078.63. (3) As a third priority, the school district in which the charter school is physically located may notify the authority and take possession and take title to the facility, if the title is not already held by the district, and make the facility available for continued use as a public school facility. (4) If the school district in which the charter school is physically located elects to take possession of a facility pursuant to paragraph (3), it shall pay the balance of the unpaid local matching share or demonstrate that it is willing and able to continue to make the lease payments in lieu of the local matching share on the same terms. However, the payments shall be reduced or eliminated, as appropriate, if the school district complies with all of the following: (A) It demonstrates that it would have been eligible for hardship funding under Article 8 (commencing with Section 17075.10) at the time that the application for funding the facility under this article was originally submitted. (B) It certifies to the board that it will utilize the facilities for public school purposes for a period of at least five years from the date that it occupies the facility. (5) (A) If the school district declines to take possession pursuant to paragraph (3), or if the facility is subsequently no longer needed for public school purposes, the school district shall dispose of the facilities in a manner otherwise applicable to the disposal of surplus public schoolsites. Any unpaid local matching share shall be paid from the net proceeds, if any, of the disposition and shall be deposited into the respective 2002, 2004, or 2006 Charter School Facilities Account. To the extent that funds remain from the proceeds of the disposition after repayment of the local matching share, any security interest granted to a person or entity pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 17078.57 shall be satisfied. Funds remaining from the proceeds after any security interest has been satisfied shall be paid to the school district in which the facility is located to be used for capital improvements in the school district. (B) If title to the facility is held by a charter school or a local governmental entity other than the school district, and the school district declines to dispose of the facility, the board shall dispose of the facility in accordance with the provisions that would otherwise apply to the disposal of surplus school property by the school district, including, but not limited to, Chapter 4 (commencing with Section 17385) of Part 10.5. The proceeds of the disposition shall be distributed in accordance with subparagraph (A). (6) If the lease payments in lieu of the local matching share are fully paid, the school district shall continue to hold title to the facility, in trust, for the benefit of the state public school system. The school district shall permit continued use of the facility for charter school purposes as long as the facility is needed for those purposes. (Amended by Stats. 2009, Ch. 192, Sec. 2. (SB 592) Effective October 11, 2009.)
  117. 17078.63.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. )

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    Before funds are released, applicants must submit specified documentary evidence about who holds title to the project facilities. The section also allows a charter school to request a title transfer, allows a district to transfer title by agreement, and lets the board adopt implementing regulations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. ) ## 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 construction final apportionments, applicants shall provide one of the following: (1) Documentary evidence that the school district in which the facility is to be physically located holds title to the project facilities in trust for the benefit of the state public school system. (2) Documentary evidence that a local governmental entity, including, but not limited to, a county board of education, a city, a county, or a city and county, holds title to the project facilities in trust for the benefit of the state public school system, subject to both of the following conditions: (A) Consistent with the prohibition in Section 6 of Article IX of the California Constitution regarding governance of public schools, a city, county, city and county, or other local governmental entity not included within the public school system that holds title pursuant to this paragraph shall not exercise any control over the operation of the charter school. (B) The following shall be recorded in the chain of title for the property: (i) A restrictive covenant specifying that the facility shall be used only for public school purposes as authorized in the California Constitution and statute. (ii) A remainder interest to the school district in which the facility is physically located or, if the school district disclaims the interest to the facility, to the board. The remainder interest shall be triggered when the facility is no longer needed for charter school purposes and shall then be subject to paragraphs (2) to (6), inclusive, of subdivision (b) of Section 17078.62. (3) (A) A request that the charter school be authorized to hold fee simple title to the subject property in trust for the benefit of the state public school system, on which a lien shall be recorded in favor of the board for the total amount of funds allocated pursuant to this article, including any loan received in lieu of a local matching share pursuant to Section 17078.57. The charter school shall include with the request a statement outlining the reasons why ownership of the project facilities is not vested with an entity set forth in paragraph (1) or (2). Prior to releasing any project funds, the board shall make findings that the applicant has submitted all of the information required by this paragraph. (B) The following shall be recorded in the chain of title for the property: (i) A restrictive covenant specifying that the facility shall be used only for public school purposes as authorized in the California Constitution and statute. (ii) A remainder interest to the school district in which the facility is physically located or, if the school district disclaims the interest to the facility, to the board. The remainder interest shall be triggered when the facility is no longer needed for charter school purposes and shall then be subject to paragraphs (2) to (6), inclusive, of subdivision (b) of Section 17078.62. (b) A charter school may request a school district to transfer title to project facilities to an entity authorized by paragraph (2) or (3) of subdivision (a) if the school district entered into an agreement, prior to January 1, 2010, to hold title to those facilities. A school district that receives a request pursuant to this subdivision may transfer the title to the entity designated in the request pursuant to terms and conditions mutually agreed upon by the district and the charter school. (c) The board may adopt regulations to implement this section. (Added by Stats. 2009, Ch. 192, Sec. 3. (SB 592) Effective October 11, 2009.)
  118. 17078.64.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. )

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    A school district may include charter school facilities in a funding application under the chapter’s general provisions, and the board must adopt implementation regulations for this article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. ) ## 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 within its geographical jurisdiction within its application for funding pursuant to the general provisions of this chapter, other than this article. However, the project would be outside the scope of this article, would not be subject to its provisions, and shall comply with this chapter in the same manner as any noncharter project. Any per-pupil eligibility that is used for that project shall not, also, support any project under this article. (b) Except for those provisions in which the authority is expressly required or authorized to adopt regulations pursuant to this article, the board in consultation with the authority shall adopt regulations to implement this article. The board may adopt, amend, or repeal rules and regulations pursuant to this article as emergency regulations. Until July 1, 2004, the adoption, amendment, or repeal of these regulations is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code. (c) This article is not applicable to projects funded with the proceeds of state general obligation bonds approved by the voters prior to January 1, 2002. (Amended by Stats. 2003, Ch. 587, Sec. 15. Effective January 1, 2004.)
  119. 17078.66.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. )

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    The State Allocation Board and the California School Finance Authority must jointly report to the Legislature by July 1, 2005.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 12. Charter Schools [17078.52 - 17078.66] ( Article 12 added by Stats. 2002, Ch. 935, Sec. 14. ) ## 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: (a) The implementation of this article, including, but not limited to, a description of the projects funded pursuant to this article from the Kindergarten-University Public Education Facilities Bond Act of 2004. (b) A description of the process whereby the board provides funding for charter school facilities under provisions of this chapter other than this article. (c) Recommendations, if any, regarding statutory changes needed to facilitate and streamline the process described in subdivision (b). (Added by Stats. 2003, Ch. 587, Sec. 16. Effective January 1, 2004.)
  120. 17078.70.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 13. Career Technical Education Facilities Program [17078.70 - 17078.74] ( Article 13 added by Stats. 2006, Ch. 35, Sec. 11. )

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    This section defines “reconfiguration” for this article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 13. Career Technical Education Facilities Program [17078.70 - 17078.74] ( Article 13 added by Stats. 2006, Ch. 35, Sec. 11. ) ## 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 pupils in existing middle and high schools in order to provide them with the skills and knowledge necessary for high-demand technical careers. (b) “Reconfiguration” may include limited new construction necessary to accommodate the reconfiguration. (Added by Stats. 2006, Ch. 35, Sec. 11. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35 and adoption of Prop. 1D.)
  121. 17078.72.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 13. Career Technical Education Facilities Program [17078.70 - 17078.74] ( Article 13 added by Stats. 2006, Ch. 35, Sec. 11. )

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    This section creates the Career Technical Education Facilities Program and sets rules for grants, matching local contributions, application content, and regulation development.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 13. Career Technical Education Facilities Program [17078.70 - 17078.74] ( Article 13 added by Stats. 2006, Ch. 35, Sec. 11. ) ## 17078.72. (a) The Career Technical Education Facilities Program is hereby established to provide funding to qualifying local educational agencies for the purpose of constructing new facilities or reconfiguring existing facilities, including, but not limited to, purchasing equipment with an average useful life expectancy of at least 10 years, to enhance educational opportunities for pupils in existing high schools in order to provide them with the skills and knowledge necessary for the high-demand technical careers of today and tomorrow. (b) The State Department of Education, in cooperation with the Chancellor’s Office of the California Community Colleges, the Labor and Workforce Development Agency, and industry groups, shall develop criteria and pupil outcome measures to evaluate the program. The criteria shall ensure equity, program relevance to industry needs, and articulation with more advanced coursework at the partnering community colleges or private institutions. (c) The program shall be based on grant applications administered by the board. (d) Grants shall be allocated on a per-square-foot basis for the applicable type of construction proposed or deemed necessary by the board consistent with the approved application for the project. (e) New construction grants shall not exceed three million dollars ($3,000,000) per project per schoolsite, inclusive of equipment, and shall only be allocated to comprehensive high schools that have an active Career Technical Advisory Committee pursuant to Section 8070, in either of the following methods: (1) For a stand-alone project on a per-square-foot basis for the applicable type of construction proposed, based on the criteria established pursuant to subdivision (b), consistent with the approved application for the project. (2) For new school projects, as a supplement to the per pupil allocation pursuant to Section 17072.10. The supplement is intended to cover excess costs uniquely related to the facilities required to provide the career technical education program or programs. (f) Modernization grants shall not exceed one million five hundred thousand dollars ($1,500,000) per project per schoolsite, inclusive of equipment and may be awarded to comprehensive high schools or joint power authorities currently operating career technical education programs that have an active Career Technical Advisory Committee pursuant to Section 8070 for the purpose of reconfiguration. For comprehensive high schools, the grant shall be supplemental to the per pupil allocation pursuant to Section 17074.10. The supplement is intended to cover excess costs uniquely related to the facilities required to provide the career technical education program or programs. (g) (1) A school district shall contribute from local resources a dollar amount that is equal to the amount of the grant of state funds awarded under subdivisions (d), (e), and (f). The required local contribution may be provided by private industry groups, the school district, or a joint powers authority. (2) A school district shall not be required to demonstrate that it has unhoused pupils or that a permanent school building is more than 25 years old in order to receive a grant under the program. (h) The program shall allow the required local contribution to be paid over time if sufficient local funds are not immediately available. The board may provide for a repayment schedule consistent with subparagraphs (C) and (D) of paragraph (1) of subdivision (a) of Section 17078.57. The board shall not waive the required local contribution on the basis of financial hardship or on any other basis. (i) Applications shall meet the criteria developed under subdivision (b) and shall require all of the following: (1) A clear and comprehensive career technical education plan for each course of study applicable to the instructional space. (2) Projections of pupil enrollment. (3) Identification of feeder schools, industry partners, and community colleges or other postsecondary schools participating in the development, articulation, and review of the educational program. (4) Evidence of approval of the plan by the entities listed in paragraph (3). (5) The method by which accountability for pupil enrollments and outcomes will be maintained. Outcomes shall include, but are not limited to, certificate completion, the successful entry of pupil to employment in the applicable industry, and successful transition to post-secondary institutions for work in the applicable industry or other areas of study. (6) Evidence of coordination with all feeder schools, middle schools, and high schools within the area to ensure that the project and programs complement career technical education offerings in the area. (7) Evidence that upon completion of the project the local educational agency will meet all of its obligations under Section 51228 relating to career technical education. (j) Applications shall give weight to the number of pupils expected to attend, the cost per pupil, financial participation by industry partners in the construction and equipping of the facility, commitment to accountability for outcomes and participation, the strength and relevance of the educational plans to the needs of industry for qualified technical employees applicable to the economic development needs of the region in which the project will be located, and coordination and articulation with feeder schools, other high schools, and community colleges. (k) The Office of Public School Construction shall develop and the board shall approve regulations to implement this article on or before April 19, 2007, and the board may promulgate those regulations first on an emergency basis, which shall be effective for no more than 12 months, after which any permanent regulations shall be promulgated in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (l) Notwithstanding paragraphs (e) and (f), a project approved pursuant to this section is also eligible for an incentive grant from the funds specified in paragraph (8) of subdivision (a) of Section 101012 if the project meets the criteria prescribed in that section. (Amended by Stats. 2011, Ch. 622, Sec. 2. (SB 128) Effective January 1, 2012.)
  122. 17078.74.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 13. Career Technical Education Facilities Program [17078.70 - 17078.74] ( Article 13 added by Stats. 2006, Ch. 35, Sec. 11. )

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    This section lets an applicant school district seek a modernization grant adjustment for career technical education-related project costs, subject to certification, approval, and other eligibility requirements.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 13. Career Technical Education Facilities Program [17078.70 - 17078.74] ( Article 13 added by Stats. 2006, Ch. 35, Sec. 11. ) ## 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 Section 17078.72. (b) An applicant school district may include plan design and other project components that promote career technical education to enhance the educational opportunities for pupils in existing middle and high schools, and may seek a modernization grant adjustment for the state’s share of the increased costs associated with those components. (c) Career technical education components that enable school facilities to provide pupils with the skills and knowledge necessary for high-demand technical careers are eligible for inclusion into a project pursuant to this section, including, but not limited to, all of the following: (1) Modernization of facilities to support career technical education programs. (2) Reconfiguring a structure of any age that will enhance the educational opportunities for pupils in existing middle and high schools in order to provide them with the skills and knowledge necessary for high-demand technical careers. (3) Purchasing equipment with an average useful life expectancy of at least 10 years. (d) (1) In order to be eligible for the modernization grant adjustment pursuant to this section, the applicant shall certify that the cost for the project exceeds the amount of funding otherwise available to the applicant under this chapter and that the career technical education components are necessary to maintain industry standards. (2) The applicant shall submit necessary plans and specifications for career technical education components to the State Department of Education for approval, ensuring compliance with eligibility criteria as stipulated, for modernization projects only, in Section 1859.192 of Title 2 of the California Code of Regulations, with the exception of paragraph (2) of subdivision (b) of Section 1859.192 of Title 2 of the California Code of Regulations. (e) The board shall provide an applicant for a modernization project with a grant adjustment to provide an increase not to exceed 5 percent of its state grants authorized by Section 17074.10 for the state’s share of costs associated with the design, purchase, and installation related to career technical education components as set forth in this section. (f) An applicant career technical education program shall meet the criteria developed under subdivision (b) of Section 17078.72 and shall demonstrate all of the following: (1) A clear and comprehensive career technical education plan for each course of study applicable to the instructional space. (2) Projections of pupil enrollment. (3) Identification of feeder schools, industry partners, and community colleges or institutions of higher education participating in the development, articulation, and review of the educational program. (4) Evidence of approval of the plan described in paragraph (1) by the entities listed in paragraph (3) and the State Department of Education, including a determination by the State Department of Education that the application has scored at least 105 points as required under subdivision (c) of Section 1859.192 of Title 2 of the California Code of Regulations. (5) The method by which accountability for pupil enrollments and outcomes will be maintained. Outcomes shall include, but are not limited to, certificate completion, successful entry of pupils to employment in the applicable industry, and successful transition to institutions of higher education for work in the applicable industry or other areas of study. (6) Evidence of coordination with all feeder schools, middle schools, and high schools within the area to ensure that the project and programs complement career technical education offerings in the area. (7) Evidence that upon completion of the project, the local educational agency will meet all of its obligations under Section 51228 relating to career technical education. (g) The Office of Public School Construction shall develop regulations, subject to board approval, to implement this section. The regulations shall include procedures for the submission of State Department of Education-approved plans and specifications as a condition for the modernization grant adjustment, in alignment with subdivision (b) of Section 1859.197 of Title 2 of the California Code of Regulations. (h) Projects shall be subject to a program accountability expenditure audit, consistent with State Department of Education guidelines, to ensure compliance with the funding regulations. Any repayments due back to the state as a result of these audits shall be subject to the repayment provisions in Section 1859.106.1 of Title 2 of the California Code of Regulations. (Added by Stats. 2024, Ch. 81, Sec. 27. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  123. 17079.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 14. Overcrowding Relief Grants [17079 - 17079.30] ( Article 14 added by Stats. 2006, Ch. 35, Sec. 12. )

    Verify source ↗

    A school counts as an eligible school if its adjusted pupil population density is at least 175% of the Superintendent’s recommended density, and the board must adopt regulations for the adjustment rules.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 14. Overcrowding Relief Grants [17079 - 17079.30] ( Article 14 added by Stats. 2006, Ch. 35, Sec. 12. ) ## 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 the schoolsite pupil population density recommended by the Superintendent as of January 1, 2006, adjusted by the following factors: (1) The density calculation shall be reduced to take into account the additional pupil capacity created by multistory construction. (2) The schoolsite pupil population density shall be reduced to take into account approved new construction projects, including projects approved pursuant to Article 11 (commencing with Section 17078.10). (b) The board shall adopt regulations to determine the adjustments set forth in paragraphs (1) and (2) of subdivision (a). (Added by Stats. 2006, Ch. 35, Sec. 12. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35 and adoption of Prop. 1D.)
  124. 17079.10.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 14. Overcrowding Relief Grants [17079 - 17079.30] ( Article 14 added by Stats. 2006, Ch. 35, Sec. 12. )

    Verify source ↗

    The board must apportion overcrowding relief grants to districts for each eligible pupil, and grant counts are capped by density and portable-classroom limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 14. Overcrowding Relief Grants [17079 - 17079.30] ( Article 14 added by Stats. 2006, Ch. 35, Sec. 12. ) ## 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 Size Reduction Program set forth in Chapter 6.10 (commencing with Section 52120) of Part 28, at an eligible school. (b) The board shall apportion an overcrowding relief grant to districts on behalf of each eligible pupil equal to the appropriate per-unhoused-pupil grant amount pursuant to Section 17072.10. The number of overcrowding relief grants apportioned shall be subject to the following limitations: (1) The number of grants apportioned on behalf of an eligible school shall not exceed the number of pupils whose removal from the pupil density calculation would reduce the density of the eligible schoolsite to 150 percent of the schoolsite pupil population density recommended by the Superintendent as of January 1, 2006. (2) A district shall not receive more grants than the number of pupils housed in portable classrooms that were included in the initial new construction eligibility determination of the district pursuant to Article 3 (commencing with Section 17071.75). (Added by Stats. 2006, Ch. 35, Sec. 12. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35 and adoption of Prop. 1D.)
  125. 17079.20.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 14. Overcrowding Relief Grants [17079 - 17079.30] ( Article 14 added by Stats. 2006, Ch. 35, Sec. 12. )

    Verify source ↗

    The board must set and manage grant application requirements, make an eligible-project list, approve applications twice a year, and prioritize funding by pupil density when funds are short.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 14. Overcrowding Relief Grants [17079 - 17079.30] ( Article 14 added by Stats. 2006, Ch. 35, Sec. 12. ) ## 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 classrooms to replace the portable classrooms upon which the determination of the number of eligible pupils is based. The board shall also require the application to describe how the project will relieve overcrowding at the eligible school. (b) The board shall create a list of projects eligible for funding and shall approve applications semiannually on a schedule determined by the board. (c) The board shall require that applicant school districts comply with all of the same conditions otherwise required for new construction funding pursuant to this chapter with the exception of subdivision (b) of Section 17071.75. (d) The board shall not apportion funds for a project pursuant to this article any portion of which involves the construction, acquisition, or transportation of portable classrooms for any school in the school district. (e) In the event the funding available to the board for purposes of this article is less than the amount necessary to fund all eligible applications, the board shall prioritize and fund the projects on the basis of the pupil density of the eligible schools. (Added by Stats. 2006, Ch. 35, Sec. 12. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35 and adoption of Prop. 1D.)
  126. 17079.30.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 14. Overcrowding Relief Grants [17079 - 17079.30] ( Article 14 added by Stats. 2006, Ch. 35, Sec. 12. )

    Verify source ↗

    To receive funding under this article, the board must require the school district to remove certain portable classrooms within six months after initial occupancy, and the funding must reduce the district’s total number of portable classrooms.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## 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. ) ## ARTICLE 14. Overcrowding Relief Grants [17079 - 17079.30] ( Article 14 added by Stats. 2006, Ch. 35, Sec. 12. ) ## 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 occupancy of the permanent school facilities constructed pursuant to this article, the school district shall remove from the eligible school, and remove from service as classrooms in the district, the portable classrooms used for determining the number of eligible pupils. (2) The new school construction funding provided pursuant to this article shall result in a reduction in the total number of portable classrooms in the school district. (b) This section does not preclude the school district from using the portable classrooms removed from eligible schools for child care or preschool programs, if those portable classrooms are not located at an eligible school. (c) This section does not apply to eligible schools operating on double session schedules in an elementary school district in a county of the second class, as set forth in Section 28023 of the Government Code. (Added by Stats. 2006, Ch. 35, Sec. 12. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35 and adoption of Prop. 1D.)
  127. 17085.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This chapter may be cited as the State Relocatable Classroom Law of 1979.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17085. This chapter may be cited as the State Relocatable Classroom Law of 1979. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  128. 17086.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The Legislature states that school construction should focus first on classrooms for public school pupils, because ad valorem tax is no longer available for this purpose.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17086. In adopting this chapter, the Legislature recognizes that the ad valorem tax is no longer available as a source of revenue for the construction of necessary school facilities. The Legislature considers that the greatest need in school construction is for classrooms for the education of public school pupils. It is the intent of the Legislature to satisfy this primary need to the greatest extent possible before providing any additional educational facilities, regardless of how desirable such additional facilities may be. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  129. 17087.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section defines several terms used in the chapter, including “Board,” “Good repair,” “Lessee,” and “State School Building Aid Fund.”

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17087. As used in this chapter: (a) “Board” means the State Allocation Board. (b) “Good repair” has the same meaning as specified in subdivision (d) of Section 17002. (c) “Lessee” means a school district or county superintendent of schools to whom the board has leased a portable classroom pursuant to this chapter. (d) “State School Building Aid Fund” means that fund established pursuant to Section 16096. (Amended by Stats. 2004, Ch. 900, Sec. 8. Effective September 29, 2004.)
  130. 17088.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board has powers to set qualifications, procedures, rules, and classroom-related work for this chapter, and it may make up to $35 million available to the Director of General Services by January 15 each year.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17088. In addition to any other powers and duties as are granted the board by this chapter, other statutes, or the State Constitution, the board has the power to do each of the following: (a) Establish any qualifications not in conflict with other provisions of this chapter, as it deems will best serve the purposes of this chapter, for determining the eligibility of school districts and county superintendents of schools to lease portable classrooms under this chapter. (b) Establish any procedures and policies in connection with the administration of this chapter as it deems necessary. (c) Adopt any rules and regulations for the administration of this chapter requiring such procedure, forms, and information, as it may deem necessary. (d) Have constructed, furnished, equipped, or otherwise require whatever work is necessary to place, portable classrooms on schoolsites where needed. (e) Own, have maintained, and lease portable classrooms to qualifying school districts and county superintendents of schools. (f) From any moneys in the State School Building Aid Fund available for purposes of this chapter, the board shall make available to the Director of General Services such amounts as it determines necessary to provide the assistance, pursuant to this chapter, required by Section 15504 of the Government Code. (g) Notwithstanding any other provision of law, from any funds available to the board, the board may, no later than January 15 of any year, make available to the Director of General Services up to thirty-five million dollars ($35,000,000) for expenditure in the subsequent school year. It is the intent of the Legislature that this allocation be annually funded from an appropriation made for this purpose by the Legislature in the Budget Act for the fiscal year in which the board is to act to make that funding available. These funds shall be utilized to purchase portable classrooms for the purposes of this section. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  131. 17088.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may move excess money from the State School Building Aid Fund to certain school facilities funds for authorized uses.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17088.2. Notwithstanding any other law, the board may transfer any funds within the State School Building Aid Fund that are in excess of the amounts needed by the board for the maintenance of portable buildings or for the purchase of new portable buildings, for that fiscal year, to any of the following, as appropriate: (a) The 1998 State School Facilities Fund for allocation by the board for any purpose authorized pursuant to that fund. (b) The 2002 State School Facilities Fund for allocation by the board for any purpose authorized pursuant to that fund. (c) The 2004 State School Facilities Fund for allocation by the board for any purpose authorized pursuant to that fund. (Amended by Stats. 2015, Ch. 386, Sec. 10. (SB 436) Effective January 1, 2016.)
  132. 17088.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A school district cannot lease portable classrooms under this chapter after January 1, 1990 unless it submits a study on whether a year-round multitrack program could raise pupil capacity by at least 20%.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17088.3. (a) No school district shall qualify for the lease under this chapter, after January 1, 1990, of one or more portable classrooms except upon submitting a study examining the feasibility of implementing in the district a year-round multitrack educational program that is designed to increase pupil capacity in the district by at least 20 percent. (b) Emergency or urgency conditions within a school district shall constitute grounds for approval by the board, pending submission of the report. (c) Subdivision (a) does not apply to facilities that are designated as uninhabitable after July 1, 1989, due to fire or other health or safety conditions. (d) Subdivision (a) does not apply to a school district for leases or subleases under this chapter for the purpose of providing facilities, pursuant to subdivision (c) of Section 17091, for licensed child day care programs or recreation or enrichment activities or programs for schoolage children. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  133. 17088.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may let lessees act as its agent, and may let eligible school districts or county superintendents buy portable classrooms when board funds are unavailable; later, the board must buy those classrooms back under specified limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17088.5. (a) The board may empower any lessee to act as its agent in the performance of acts authorized under this chapter with regard to portable classrooms to be made available to that lessee, including, but not necessarily limited to, contracting for architectural and construction services and purchasing furniture and equipment. (b) In addition, where any qualifying school district or county superintendent of schools is deemed by the board to be eligible under this chapter for the lease of portable classrooms, but adequate funds are not at that time available to the board for the purchase of those classrooms, the board may authorize the school district or county superintendent of schools to purchase portable classrooms, to the extent of that eligibility, pursuant to the following conditions: (1) The portable classrooms are purchased under a procedure determined by the board, pursuant to either a bidding process implemented by the school district or county superintendent of schools or by the State Office of Procurement. (2) To the extent that funding for purposes of this chapter is subsequently made available to the board, the board shall purchase the portable classroom or classrooms from the school district or county superintendent of schools, for lease to that entity under this chapter, for an amount, not to exceed the purchase price the board determines it would have paid for the classroom or classrooms at the time they were acquired pursuant to paragraph (1), as necessary to reimburse the school district or county superintendent of schools for the purchase price, less the amount that would have been charged to the school district or county superintendent of schools for the lease of the classroom or classrooms under Section 17089 from the date of purchase. The sale of the portable classroom or classrooms under this paragraph shall be at the discretion of the school district or county superintendent of schools. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  134. 17088.7.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    School districts, and certain joint powers combinations of districts and county superintendents, may buy portable classrooms if they are eligible to lease them under this chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17088.7. (a) Any school district, or, under a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, any combination of one or more school districts or county superintendents of schools, may, to the extent of the eligibility of the school district or of the parties to the joint powers agreement to lease portable classrooms under this chapter, purchase portable classrooms as provided in this section. (b) The number of portable classrooms which may be purchased pursuant to this section, on a statewide basis, shall not exceed 200 in any given year, and shall not exceed 600 in total. Portable classrooms purchased prior to September 22, 1989, are exempt from the yearly limit of 200, but shall be counted towards the total limit of 600. (c) The purchase costs of the portable classrooms, which include costs of site preparation, furniture and equipment, toilet facilities as described in Section 65980 of the Government Code, and the transportation of classrooms, may be funded from revenues received by the school district or districts pursuant to Section 17620. The purchase shall comply with any procedures and policies established by the board under this chapter for the purchase of portable classrooms. All portable classrooms purchased pursuant to this section are the property of the state. (d) The board shall lease the portable classrooms purchased pursuant to the authority granted in this section to the purchaser, as described in subdivision (a), in accordance with this chapter, including applicable eligibility standards, and the purchase costs paid shall be credited toward the rent the purchaser would otherwise be required to pay under this chapter as a lessee. (e) In the event that the purchase of portable classrooms under this section occurs pursuant to a joint powers agreement, as described in subdivision (a), the agreement shall identify the school district or districts and county superintendent or superintendents of schools that are party to the agreement, identify the district or districts providing the revenues, specify the manner in which the revenues are to be expended, and specify the distribution of portable classrooms subsequent to purchase, which distribution shall be in accordance with the eligibility requirements of this chapter. The agreement shall be subject to approval of the board, pursuant to subdivision (b) and any applicable procedures and policies established by the board under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  135. 17089.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must lease portable classrooms to qualifying school districts and county superintendents of schools within the stated annual rent range, and lessees must keep the project in good repair and pay the related costs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17089. (a) The board shall lease portable classrooms to qualifying school districts and county superintendents of schools for not less than one dollar ($1) per year, nor more than four thousand dollars ($4,000) per year, for each portable classroom. This amount shall be annually increased according to the adjustment for inflation set forth in the statewide cost index for classroom construction, as determined by the board at its January meeting. (b) The board shall require each lessee to undertake all necessary maintenance, repairs, renewal, and replacement to ensure that a project is at all times kept in good repair, working order, and condition. All costs incurred for this purpose shall be borne by the lessee. (c) For purposes of this section, “good repair” has the same meaning as specified in subdivision (d) of Section 17002. (Amended by Stats. 2004, Ch. 900, Sec. 9. Effective September 29, 2004.)
  136. 17089.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A school district or county superintendent of schools may buy certain portable classrooms leased from the board on or before December 1, 1991, and the purchase price is paid in equal annual installments over a term of no more than nine years.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17089.2. Any portable classroom that is leased from the board by a school district or county superintendent of schools under this chapter on or prior to December 1, 1991, may be purchased by that district or county superintendent of schools for an amount equal to the purchase price paid by the board, including the purchase costs specified in subdivision (c) of Section 17088.7, less the amount of any rent already paid to the board by the district or county superintendent of schools for that classroom. Payment for purchases made pursuant to this section shall be in equal annual installments for an agreed upon term not to exceed nine years. (Amended by Stats. 1998, Ch. 848, Sec. 1. Effective January 1, 1999.)
  137. 17089.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may lease portable classrooms to qualifying school districts or county superintendents of schools.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17089.5. The board may lease portable classrooms to any school district or county superintendent of schools which serves infant or preschool individuals with exceptional needs, as defined in Section 56026, and which operates programs pursuant to Part 30 (commencing with Section 56000). These portable classrooms shall be adequately equipped to meet the educational needs of these students, including, but not limited to, sinks and restroom facilities. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  138. 17090.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must require lessees to insure state-owned leased portable classrooms at their own expense.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17090. The board shall require lessees to insure at their own expense for the benefit of the state, any leased portable classroom which is the property of the state, against such risks, including liability from the use thereof, in such amounts as the board may deem necessary to protect the interest of the state. All payments resulting from claims made against the insurance shall be made payable to and retained by the board for deposit in the State School Building Aid Fund. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  139. 17091.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may set classroom priority rules and make exceptions, and it must authorize extra portable classrooms in some surplus situations unless they are needed for emergency purposes.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17091. (a) The board shall have authority to adopt rules establishing priorities for the acquisition and leasing of classrooms to those school districts and county superintendents of schools whose pupils will benefit most. The board may make exceptions from the established priorities if it determines that the pupils affected will benefit. (b) If at any time the number of portable classrooms available exceeds the number of those required by applicant districts, as determined by basic loading standards and eligibility requirements, the board may authorize additional portable classrooms to be placed in any school district that agrees to hire an additional teacher for each additional portable classroom placed in the district pursuant to this subdivision. (c) If at any time the number of portable classrooms available exceeds the number of those required by applicant districts, as determined by basic loading standards and eligibility requirements, the board shall authorize additional portable classrooms to be placed in any school district, upon request of the school district, for the purpose of providing licensed child day care programs or recreation or enrichment activities or programs for schoolage children on a schoolsite, unless the surplus classrooms are needed for emergency purposes. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  140. 17092.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Portable classrooms cannot be provided to a school district unless the district shows the board it has no available bond proceeds for classroom facilities. Certain districts approved for new teaching stations are eligible for at least the same number of emergency portable classrooms, and subdivision (a) does not apply to certain child day care, recreation, or enrichment leases or subleases.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17092. (a) No portable classrooms shall be made available to any school district unless the district furnishes evidence, satisfactory to the board, that the district has no available bond proceeds that could be used for the purchase of classroom facilities. (b) Notwithstanding any other provision of law, a school district or county superintendent of schools that has received approval for a project that includes a justified number of new teaching stations pursuant to Chapter 12 (commencing with Section 17000) or Chapter 12.5 (commencing with Section 17070.15) shall be eligible for at least the same number of emergency portable classrooms as approved new teaching stations. (c) Subdivision (a) does not apply to leases or subleases under this chapter for the purpose of providing facilities, pursuant to subdivision (c) of Section 17091, for licensed child day care programs or any recreation or enrichment activities or programs for schoolage children. (Amended by Stats. 2000, Ch. 590, Sec. 3. Effective January 1, 2001.)
  141. 17092.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A school district may sublease certain portable classrooms to qualified private providers, but the sublease costs cannot exceed the district’s costs for the classroom.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17092.3. A school district may sublease any portable classroom obtained by the district pursuant to subdivision (c) of Section 17091 to a private provider that has entered into a contract with the district to provide any child care and development program or programs or any recreation or enrichment activities or programs for schoolage children on a schoolsite. The terms of the sublease for rental payments and other related costs shall not exceed the costs of the portable classroom to the district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  142. 17093.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must prepare performance specifications for portable classrooms and may solicit and award contracts for their construction or purchase.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17093. The board shall have prepared for its use, performance specifications for portable classrooms complying with Sections 17280 to 17314, inclusive, which are capable of being economically moved, and bids for the construction of which can be solicited from more than one responsible bidder. The board may from time to time solicit bids from, and award to, the lowest responsible competitive bidder, contracts for the construction or purchase of the number of portable classrooms it deems will be required by eligible school districts and county superintendents of schools during the next 12 months. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  143. 17094.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    If the board decides a lessee no longer needs particular portable classrooms, the board may take them back, lease them to other eligible districts or county superintendents, or dispose of them if no further need exists.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17094. If at any time the board determines that a lessee’s need for particular portable classrooms which were made available to the lessee pursuant to this chapter has ceased, the board may take possession of the portable classrooms and may lease them to other eligible districts or county superintendents of schools, or if there is no longer a need for any portable classrooms, the board may dispose of them to public or private parties in any manner that it deems to be in the best interests of the state. Any revenue which is derived from a lease or other disposition of the portable classrooms pursuant to this section shall be deposited in the State School Building Aid Fund. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  144. 17095.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The State Board of Education may waive the penalty provisions of Section 41376 for qualifying school districts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17095. The State Board of Education may waive application of the penalty provisions of Section 41376 for school districts which during the school year used portable classrooms leased pursuant to this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  145. 17096.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    For portable classrooms funded under this chapter, plans must include a telephone provision, and the school district must make the telephone network connection when the building is installed. Wireless technology can be used instead if it is equivalent to a hard-wired connection.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ( Chapter 14 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17085 - 17096] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17096. Commencing with leases entered into on or after January 1, 2000, the plans and specifications for portable classrooms funded pursuant to this chapter shall include a provision for a telephone in each portable classroom. The connection from the portable classroom to a public switched telephone network, as set forth in Section 17077.10, shall be made by the school district at the time of the installation of the building. However, a school district may meet this requirement by utilizing wireless technology equivalent to a hard-wired connection to a public switched telephone network. (Added by Stats. 1999, Ch. 709, Sec. 2. Effective January 1, 2000.)
  146. 17100.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 15. School District Revenue Bonds [17100 - 17112] ( Chapter 15 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17100- 17100.] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The section says school districts can use two funding sources for school facility construction, but those sources are still not enough statewide to meet construction needs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 15. School District Revenue Bonds [17100 - 17112] ( Chapter 15 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17100- 17100.] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17100. The Legislature hereby finds and declares that the State School Building Lease-Purchase Fund, pursuant to Section 17008, and the proceeds from the sale or lease of surplus school property are the two sources available to school districts to finance the construction of school facilities to relieve overcrowding. However, these sources are still insufficient to meet the construction needs statewide of school districts. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  147. 17110.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 15. School District Revenue Bonds [17100 - 17112] ( Chapter 15 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Revenue Bonds [17110 - 17112] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A school district’s governing board may sell revenue bonds to finance joint occupancy facilities needed to relieve overcrowding, and rental or lease proceeds from the facilities must be used to repay the bonds.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 15. School District Revenue Bonds [17100 - 17112] ( Chapter 15 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Revenue Bonds [17110 - 17112] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17110. The governing board of a school district may issue for sale revenue bonds to finance the construction of joint occupancy facilities as prescribed in Article 8 (commencing with Section 17515) of Chapter 4 of Part 10.5, which facilities are necessary to relieve overcrowded schools. Proceeds from the rental and lease of the facilities shall be used by the governing board to repay the revenue bonds. As used in this chapter: (a) “To finance the construction of joint occupancy facilities” means to offset either the cost of constructing the joint occupancy facilities or the cost of financing the construction of joint occupancy facilities, or both. (b) “Joint occupancy facilities” means any building constructed pursuant to this chapter which is occupied jointly by a school district and a private entity specified in Section 17811 or one or more buildings which are constructed pursuant to this chapter on the same property used by the district and the private entity, but are not occupied jointly. Facilities to be acquired by purchase pursuant to this article for occupancy by pupils shall meet the requirements of Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365) of Chapter 3 of Part 10.5. (c) “Construction” includes acquisition by purchase. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  148. 17111.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 15. School District Revenue Bonds [17100 - 17112] ( Chapter 15 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Revenue Bonds [17110 - 17112] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

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    The governing board may contract with private parties to issue revenue bonds and to rent or lease facilities built under this chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 15. School District Revenue Bonds [17100 - 17112] ( Chapter 15 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Revenue Bonds [17110 - 17112] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17111. The governing board may contract with any person, firm, partnership, joint venture, or other private entity for the purpose of issuing revenue bonds pursuant to Section 17810 and for the purpose of renting or leasing the facilities constructed pursuant to this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  149. 17112.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 15. School District Revenue Bonds [17100 - 17112] ( Chapter 15 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Revenue Bonds [17110 - 17112] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

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    The governing board may not issue revenue bonds for sale unless the facilities will be built on district-owned property, except facilities to be acquired by purchase.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 15. School District Revenue Bonds [17100 - 17112] ( Chapter 15 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Revenue Bonds [17110 - 17112] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17112. No revenue bonds may be issued for sale by the governing board unless the facilities are to be constructed on district-owned property, except as to facilities to be acquired by purchase. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  150. 17150.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 16. Public Disclosure of Non-Voter-Approved Debt [17150 - 17150.1] ( Chapter 16 added by Stats. 1996, Ch. 277, Sec. 2. )

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    School districts and certain county education officials must give notice and provide debt-repayment information when revenue bonds or related financing are approved; county officials may then publicly comment within 15 days.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 16. Public Disclosure of Non-Voter-Approved Debt [17150 - 17150.1] ( Chapter 16 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17150. (a) Upon the approval by the governing board of the school district to proceed with the issuance of revenue bonds or to enter into an agreement for financing school construction pursuant to Chapter 18 (commencing with Section 17170), the school district shall notify the county superintendent of schools and the county auditor. The superintendent of the school district shall provide the repayment schedules for that debt obligation and evidence of the ability of the school district to repay that obligation to the county auditor, the county superintendent, the governing board, and the public. Within 15 days of the receipt of the information, the county superintendent of schools and the county auditor may comment publicly to the governing board of the school district regarding the capability of the school district to repay that debt obligation. (b) Upon the approval by the county board of education to proceed with the issuance of revenue bonds or to enter into an agreement for financing pursuant to Chapter 18 (commencing with Section 17170), the county superintendent of schools or superintendent of a school district for which the county board serves as governing board shall notify the Superintendent. The county superintendent of schools or the superintendent of a school district for which the county board serves as the governing board shall provide the repayment schedules for that debt obligation and evidence of the ability of the county office of education or school district to repay that obligation, to the Superintendent, the governing board, and the public. Within 15 days of the receipt of the information the Superintendent may comment publicly to the county board of education regarding the capability of the county office of education or school district to repay that debt obligation. (c) Prior to delivery of the notice required by subdivision (a) neither the county nor its officers shall have responsibility for the administration of the indebtedness of the school district. Failure to comply with the requirements of this section will not affect the validity of the indebtedness. (Amended by Stats. 2008, Ch. 128, Sec. 1. Effective January 1, 2009.)
  151. 17150.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 16. Public Disclosure of Non-Voter-Approved Debt [17150 - 17150.1] ( Chapter 16 added by Stats. 1996, Ch. 277, Sec. 2. )

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    School districts and certain county education officials must give advance notice and disclosure before issuing specified non-voter-approved debt secured by real property.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 16. Public Disclosure of Non-Voter-Approved Debt [17150 - 17150.1] ( Chapter 16 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17150.1. (a) No later than 30 days before the approval by the governing board of the school district to proceed with the issuance of certificates of participation and other debt instruments that are secured by real property and do not require approval of the voters of the school district, the school district shall notify the county superintendent of schools and the county auditor. The superintendent of the school district shall provide information necessary to assess the anticipated effect of the debt issuance, including the repayment schedules for that debt obligation, evidence of the ability of the school district to repay that obligation, and the issuance costs, to the county auditor, the county superintendent, the governing board, and the public. Within 15 days of the receipt of the information, the county superintendent of schools and the county auditor may comment publicly to the governing board of the school district regarding the capability of the school district to repay that debt obligation. (b) No later than 30 days before the approval by the county board of education to proceed with the issuance of certificates of participation and other debt instruments that are secured by real property and do not require approval of the voters of the county, the county superintendent of schools or superintendent of a school district for which the county board serves as governing board shall notify the Superintendent. The county superintendent of schools or the superintendent of a school district for which the county board serves as the governing board shall provide information necessary to assess the anticipated effect of the debt issuance, including the repayment schedules for that debt obligation, the evidence of the ability of the county office of education or school district to repay that obligation, and issuance costs, to the Superintendent, the governing board, and the public. Within 15 days of the receipt of the information the Superintendent may comment publicly to the county board of education regarding the capability of the county office of education or school district to repay that debt obligation. (Added by Stats. 2008, Ch. 128, Sec. 2. Effective January 1, 2009.)
  152. 17160.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] ( Chapter 17 added by Stats. 1996, Ch. 277, Sec. 2. )

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    The Legislature states that this act is intended to fund educational technology infrastructure for California public schools using state revenue bonds repaid from a dedicated share of school-district funds from the California State Lottery Education Fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] ( Chapter 17 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17160. It is the intent of the Legislature in enacting this act to provide a source of financing for the development of California public schools’ educational technology infrastructure for the use of technology in instruction through the use of state revenue bonds repaid from a dedicated portion of funds allocated to school districts from the California State Lottery Education Fund pursuant to Section 8880.5 of the Government Code. It is further the intent of the Legislature in enacting this act to further the purposes of the California State Lottery Act of 1984 as approved by the voters on November 6, 1984. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  153. 17161.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] ( Chapter 17 added by Stats. 1996, Ch. 277, Sec. 2. )

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    This provision defines key terms used in the article, including “Act,” “Authority,” “Bond,” “Fund,” and “School district.”

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] ( Chapter 17 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17161. For the purpose of this article the following terms have the following meanings: (a) “Act” means the Archie-Hudson and Cunneen School Technology Revenue Bond Act. (b) “Authority” means the California School Financing Authority established pursuant to Section 17172. (c) “Bond” means bonds, notes, bond anticipation notes, commercial paper, and any other evidences of indebtedness. (d) “Fund” means the School Technology Pooled Revenue Bond Fund established pursuant to subdivision (c) of Section 17162. (e) “School district” means school district or county office of education. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  154. 17162.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] ( Chapter 17 added by Stats. 1996, Ch. 277, Sec. 2. )

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    The authority may issue school technology revenue bonds only for this act’s purposes, subject to a $400 million cap and other conditions. School district allocations from the fund must be used only for specified instructional technology purposes.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] ( Chapter 17 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17162. (a) Notwithstanding Section 17199.3, the authority may issue bonds exclusively for the purposes of this act, provided that the total amount of bonds issued and outstanding at any time under this act shall not exceed four hundred million dollars ($400,000,000). Authorization for the issuance of bonds under this act shall become operative after July 1, 1997, upon receipt by the authority of repayment pledges made by school districts, pursuant to Section 17163, which, when the pledges from all school districts are combined, are equal to or greater than five million dollars ($5,000,000). The authority shall not issue bonds for any project that cannot be supported by the repayment pledges of school districts. (b) In administering this act, the authority shall meet all of the requirements established by law for the issuance, holding, and repayment of revenue bonds by the authority, including those set forth in Chapter 17 (commencing with Section 17170), unless otherwise provided for in this act. (c) Revenues from the sale of bonds issued pursuant to this act shall be deposited in the School Technology Pooled Revenue Bond Fund, which fund is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, all moneys in the fund shall be continuously appropriated without regard to fiscal year for the purposes of this chapter. The authority shall allocate moneys to each participating school district from the fund. (d) Allocations from the fund shall be used by school districts only for the purpose of establishing computer-based networks and telecommunications systems for instructional purposes, including the procurement and installation of computer hardware and software, multimedia audio, video, and data transfer equipment, and wiring, cabling, and other equipment necessary to establish network connectivity, and any planning and installation costs associated with establishing and installing the networks. (e) The length of terms of the bonds issued pursuant to this act shall be less than the useful life of the equipment to be purchased as set forth in subdivision (d). (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  155. 17163.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] ( Chapter 17 added by Stats. 1996, Ch. 277, Sec. 2. )

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    A school district may join the act if its governing board approves by resolution, and a participating district must pledge lottery revenue and provide instructions for repayment of bonds.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] ( Chapter 17 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17163. (a) Notwithstanding any other provision of law, a school district may participate in this act, if the governing board of the school district adopts a resolution approving that participation. A participating school district shall pledge a portion of the lottery revenues allocated annually to the school district from the California State Lottery Education Fund as a dedicated revenue source to repay bonds issued by the authority under the act. (b) A school district may pledge an amount up to the equivalent of 25 percent, but not more than 25 percent, of the allocation to the school district for the 1996–97 fiscal year from the California State Lottery Education Fund. (c) A participating school district shall guarantee the repayment of bonds issued under this chapter by providing instructions to the Controller as follows: (1) Informs the Controller of its election to participate in this act. (2) Authorizes the Controller to pay the portion of the school district’s annual allocation of funds from the California State Lottery Education Fund to the bond trustee identified by the school district for the repayment of the school district’s share of the bonds issued under this chapter. (3) Contains a transfer schedule that sets forth the amounts of funds, which shall be equal to the amount of funds pledged pursuant to subdivisions (a) and (b) of this section, to be transferred by the Controller to the trustee from the funds to be allocated to that school district from the California State Lottery Education Fund. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  156. 17163.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] ( Chapter 17 added by Stats. 1996, Ch. 277, Sec. 2. )

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    The Controller must pay bond trustees as instructed, using only money from the California State Lottery Education Fund allocated to the district, and may not pay more than that district allocation.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] ( Chapter 17 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17163.5. The Controller shall pay bond trustees in accordance with the instructions received pursuant to Section 17863. The Controller shall make that payment only from moneys in the California State Lottery Education Fund allocated to that school district. The Controller is not authorized to pay a bond trustee any amount in excess of a district’s allocation from the California State Lottery Education Fund. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  157. 17164.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] ( Chapter 17 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This chapter does not create state debt or a state credit pledge, and the General Fund may not be used to repay these bonds if pledged lottery funds are insufficient.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] ( Chapter 17 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17164. Nothing contained in this chapter shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit of the state. Notwithstanding any other provision of law, should lottery funds pledged to repay bonds issued pursuant to this act be insufficient to repay the revenue bonds, negotiable notes, or negotiable bond anticipation notes sold to finance projects and related interest and expenses, moneys in the General Fund shall not be available as an alternative source of repayment. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  158. 17165.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] ( Chapter 17 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The State Department of Education must include the amount of lottery revenues used to repay bonds in its annual survey of schools on lottery fund use.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] ( Chapter 17 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17165. The State Department of Education shall include in its annual survey of schools on the use of lottery funds, the amount of lottery revenues expended to repay bonds issued pursuant to this act. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  159. 17170.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

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    This chapter may be cited as the California School Finance Authority Act.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17170. This chapter shall be known and may be cited as the California School Finance Authority Act. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  160. 17171.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The Legislature states that the state should rebuild or replace inadequate school buildings, acquire schoolsites and buildings for school districts and colleges, and help school districts and community college districts access financing for working capital and capital improvements.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17171. The Legislature hereby finds and declares that it is in the interest of the state and its people for the state to do all of the following: (a) Reconstruct, remodel, or replace existing school buildings that are educationally inadequate or that do not meet current structural safety requirements. (b) Acquire new schoolsites and buildings to be made available to school districts, charter schools, and community college districts for the pupils of the public education system, which is a matter of general concern inasmuch as the education of the state’s children is an obligation and function of the state. (c) Assist school districts and community college districts by providing access to financing for working capital and capital improvements. (Amended by Stats. 2006, Ch. 325, Sec. 1. Effective January 1, 2007.)
  161. 17172.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

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    This section creates the California School Finance Authority in state government and states that it is a public instrumentality.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17172. There is in the state government the California School Finance Authority. The authority is a public instrumentality, and the exercise by the authority of the powers conferred by this chapter is an essential public function. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  162. 17173.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section defines key terms used in this chapter, including Authority, Agent, Project, Participating party, and Working capital.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17173. As used in this chapter, the following words and terms shall have the following meanings, unless the context indicates or requires another or different meaning or intent: (a) “Act” means the California School Finance Authority Act. (b) “Agent” means a county or city board of education or superintendent of schools acting with the board’s consent, on behalf of one or more school districts for any purpose of this chapter, the Board of Governors of the California Community Colleges or the Chancellor of the California Community Colleges acting with the Board of Governors’ consent, on behalf of one or more community college districts for any purpose of this chapter, and the school district, county office of education, or other chartering entity acting with the consent of, and on behalf of, one or more charter schools for any purpose of this chapter. (c) “Authority” means the California School Finance Authority, or any board, body, commission, department, or officer succeeding to the principal functions of the authority, or to which the powers conferred upon the authority by this chapter shall be given by law. (d) “Bonds” or “revenue bonds” means bonds, notes, lease obligations, certificates of participation, commercial paper, and any other evidences of indebtedness. (e) “Certificate of participation” means an undivided interest in one or more bonds, leases, loans, installment sales, or other agreements of a participating party or parties. (f) “Charter school” means a school established pursuant to Part 26.8 (commencing with Section 47600) of Division 4 of Title 2. (g) “Cost,” as applied to all or part of a project financed or refinanced pursuant to this chapter, means and includes all or any part of the cost of any of the following: (1) Construction. (2) Acquisition or improvement of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project. (3) Demolition or removal of any buildings or structures on land acquired for a project, including the acquisition of any lands to which the buildings or structures may be moved. (4) All machinery and equipment. (5) Financing or refinancing charges, including, but not limited to, credit enhancement costs, and prepayment penalties. (6) Interest before, during, and for a period following, the completion of any construction or improvement determined by the authority. (7) Provisions for working capital. (8) Reserves for principal and interest, and for extensions, enlargements, additions, replacements, renovations, and improvements. (9) Engineering, architectural, financial, and legal services, plans, specifications, studies, surveys, estimates, administrative expenses, and other expenses necessary or incident to the construction, acquisition, or improvement of any project or any financing or refinancing under this chapter. (h) “Educational facility” means any property, facility, structure, equipment, or furnishings used or operated in conjunction with one or more public schools, including charter schools, or community colleges, including, but not limited to, all of the following: (1) Classrooms. (2) Auditoriums. (3) Student centers. (4) Administrative offices. (5) Sports facilities. (6) Maintenance, storage, or utility facilities. (7) All necessary or usual attendant and related facilities and equipment, including streets, parking, and supportive service facilities or structures required or useful for the effective operation of the educational facility. (i) “Participating party” means: (1) A school district, charter school, county office of education, or community college district that undertakes, itself or through an agent, the financing or refinancing of a project or of working capital pursuant to this chapter. (2) Any person, company, association, state or municipal government entity, partnership, firm, or other entity or group of entities that undertakes the financing or refinancing of a project pursuant to this chapter in conjunction with an entity described in paragraph (1). (3) “Participating party” shall also be deemed to refer to the agent to the extent the agent is acting on behalf of the school district, charter school, county office of education, or community college district for any purpose of this chapter. (4) For purposes of subdivision (d) of Section 17183, subdivisions (a) and (b) of Section 17199.1, and Section 17199.4, “participating party” shall be deemed to refer to an entity described in paragraph (1) in conjunction with which an entity described in paragraph (2), if any, applied for financing from the authority. (j) “Project” means the acquisition, construction, expansion, remodeling, renovation, improvement, furnishing, or equipping of an educational facility to be financed or refinanced pursuant to this chapter. “Project” may include reimbursement for the costs of acquisition, construction, expansion, remodeling, renovation, improvement, furnishing, or equipping of an educational facility to be financed or refinanced pursuant to this chapter, provided that reimbursement from bond proceeds is required to comply with federal tax law in accordance with an opinion of counsel that supports special treatment under federal tax law for the bonds issued for the applicable financing or refinancing. “Project” may include any combination of the foregoing undertaken jointly by any participating party with one or more other participating parties. (k) “Working capital” means funds to be used by, or on behalf of, a participating party to pay maintenance or operating expenses, or any other costs that would be treated as an expense item under generally accepted accounting principles in connection with the ownership or operation of an educational facility, including, but not limited to, all of the following: (1) Reserves for maintenance or operating expenses. (2) Interest for a period not to exceed two years on any loan for working capital made pursuant to this chapter. (3) Reserves for debt service, and any other costs necessary or incidental to, financing pursuant to this chapter. (4) Payments made by a participating party for the rent or lease of an educational facility. (Amended by Stats. 2014, Ch. 416, Sec. 1. (AB 1979) Effective January 1, 2015.)
  163. 17174.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

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    The California School Finance Authority is made up of three named officials, the Treasurer serves as chairperson, members may appoint a departmental or agency representative, and members or designees serve without pay but may get reimbursed for necessary and reasonable expenses.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17174. (a) The authority shall be comprised of the following members: (1) The Treasurer, who shall serve as chairperson. (2) The Director of the State Department of Finance. (3) The Superintendent of Public Instruction. (b) Each member of the authority may designate an individual from the member’s department or agency to act for the member and represent the member at all meetings. (c) Members of the authority or their designees shall serve without compensation, but may be reimbursed by the authority for necessary and reasonable expenses incurred in the discharge of their duties. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  164. 17175.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

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    The authority must elect certain officers each year, the chairperson must appoint an executive director, and the authority may delegate powers and duties.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17175. (a) Upon the first appointment of its members, and thereafter on or after March 31 of each year, the authority shall elect from its members a vice chairperson and a secretary-treasurer, who shall hold office until the following March 31, and shall continue to serve until their successors have been elected. (b) On behalf of the authority, the chairperson shall appoint an executive director, who shall not be a member of the authority, and who shall serve at the pleasure of the authority. The executive director shall receive the compensation fixed for that purpose by the authority. The authority may delegate to the executive director or any other official or employee of the authority any powers and duties that the authority deems proper, including, but not limited to, the power to enter into contracts on behalf of the authority. (Amended by Stats. 2008, Ch. 211, Sec. 1. Effective January 1, 2009.)
  165. 17176.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

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    The Attorney General is the authority’s legal counsel, but the authority may hire its own legal counsel if the Attorney General approves.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17176. (a) Except as otherwise provided by subdivision (b), the Attorney General shall be the legal counsel for the authority. (b) Upon the approval of the Attorney General, which shall not be unreasonably withheld, the authority may employ legal counsel as, in its judgment, is necessary or advisable to enable it to carry out the duties and functions of the authority pursuant to this chapter, including, but not limited to, the employment of bond counsel in connection with the issuance of bonds. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  166. 17177.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

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    The authority’s executive director, or someone the authority designates, must keep the authority’s proceedings record and hold its filed papers and seal; they may also make and certify true copies under the official seal.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17177. The executive director or other person designated by resolution of the authority shall maintain a record of the proceedings of the authority, and shall be custodian of all books, documents, and papers filed with the authority, the minute book or journal of the authority, and its official seal. The executive director or the designee may cause copies to be made of all minutes and other records and documents of the authority, and may certify under the official seal of the authority that the copies are true copies, and all persons dealing with the authority may rely upon that certification. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  167. 17178.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

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    The authority needs two members for a quorum, and a majority of that quorum must approve action.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17178. Two members of the authority shall constitute a quorum. The affirmative vote of a majority of a quorum shall be necessary for any action taken by the authority. A vacancy in the membership of the authority shall not impair the right of a quorum to exercise all the rights and perform all the duties of the authority. Each meeting of the authority shall be open to the public and shall be held in accordance with Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code. Resolutions of the authority need not be published or posted. The authority may delegate by resolution to one or more of its members or its executive director any powers and duties as it may deem proper. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  168. 17179.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

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    The authority administers this chapter and has all powers reasonably necessary to carry out the powers and responsibilities granted or imposed by it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17179. The provisions of this chapter shall be administered by the authority, which shall have and is hereby vested with all powers reasonably necessary to carry out the powers and responsibilities expressly granted or imposed under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  169. 17180.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

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    The authority may adopt bylaws, use a seal, sue and be sued, receive money gifts, hire consultants, and carry out listed project and financing powers.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17180. The authority is hereby authorized to do all of the following: (a) Adopt bylaws for the regulation of its affairs and the conduct of its business. (b) Adopt an official seal. (c) Sue and be sued in its own name. (d) Receive and accept gifts, grants, or donations of money for any of the purposes of this chapter from any of the following: (1) A federal agency. (2) A state agency. (3) A municipality, county, or other political subdivision of the state. (4) An individual, association, or corporation. (e) Engage the services of private consultants to render professional and technical assistance and advice in carrying out the purposes of this chapter. (f) (1) Determine the location and character of any project to be financed or refinanced under this chapter, and acquire, construct, enlarge, remodel, renovate, alter, improve, furnish, equip, own, maintain, manage, repair, operate, lease as lessee or lessor, or regulate the same. (2) Designate a participating party as its agent, with authority to enter into contracts, for any of the purposes specified in paragraph (1). (3) Enter into contracts for any of the purposes specified in paragraph (1). (4) Enter into contracts for the management and operation of a project owned by the authority. (g) Acquire, directly or by and through a participating party as its agent, by purchase solely from funds provided pursuant to this chapter, or by gift or devise, and sell, by installment or otherwise, property, rights, rights-of-way, franchises, easements, and other interests in lands, including, but not limited to, lands lying under water, and riparian rights, located within the state that the authority deems necessary or convenient for the acquisition, construction, financing, or operation of a project. The authority may do so upon the terms, and at the prices, it considers reasonable and upon which it can agree with the owner, and may take the title to the interest in the name of the authority or in the name of a participating party as its agent. (h) Receive and accept from any source loans, contributions, or grants for, or in aid of, the construction, financing, or refinancing of all or part of a project, in the form of money, property, labor, or other things of value. (i) Pursuant to an agreement between the authority and the participating party, make, directly or through a lending institution, secured or unsecured loans to a participating party, or purchase secured or unsecured loans from a participating party, or purchase all or part of any participating party’s rights to or possibilities regarding the state share of funding for school facilities approved by the State Allocation Board pursuant to Chapter 12.5 (commencing with Section 17070.10). The purchase of all or part of any rights to, or possibilities regarding, the state contribution for funding for school facilities approved by the State Allocation Board shall be limited to amounts approved and funded or amounts approved but not yet funded from proceeds of state bonds already authorized by the electors but not yet issued. Loans or purchases completed pursuant to this section may be used to finance or refinance a project or provide working capital. A loan to finance or refinance a project shall not exceed the total cost of the project, as determined by the participating party and approved by the authority. (j) Upon the terms and conditions the authority deems proper, lease a project being financed or refinanced pursuant to this chapter to a participating party, and charge and collect rent therefor. The authority may terminate a lease pursuant to this subdivision upon the lessee’s failure to comply with any of its obligations under the lease. The lease may include any of the following provisions: (1) That the lessee shall have the option to renew the term of the lease for the period or periods, and at the rent, determined by the authority, or to purchase any or all of the project. (2) That upon payment by the participating party of all of the indebtedness incurred by the authority for the financing of the project or for the refinancing of the participating party’s outstanding indebtedness, the authority may convey any or all of the project to the lessee or lessees, with or without further consideration. (k) Charge and equitably apportion among participating parties its administrative costs and expenses incurred pursuant to this chapter. (l) (1) Obtain, or aid in obtaining, from any state or federal agency or any private company, any insurance, guarantee, letter, or line of credit regarding, or of, or for, the payment or repayment of all or part of the interest, principal, or both, on any loan, lease, or obligation, or any instrument evidencing or securing the same, made or entered into pursuant to this chapter, or on any bonds issued pursuant to this chapter. (2) Notwithstanding any other provision of this chapter, enter into any agreement, contract, or any other instrument regarding any insurance, guarantee, letter, or line of credit specified in paragraph (1), and accept payment in the manner and form provided in the agreement, contract, or instrument if a participating party defaults. (3) Assign any insurance, guarantee, letter, or line of credit specified in paragraph (1) as security for bonds issued by the authority. (m) Enter into any agreements or contracts, including, but not limited to, agreements for liquidity or credit enhancement, execute any instruments, and any other act or thing necessary, convenient, or desirable for the purposes of the authority or to carry out any express power granted the authority pursuant to this chapter. (n) At the discretion of the authority, invest any moneys held in reserve or in sinking funds, or any moneys not required for immediate use or disbursement, in obligations authorized by the resolution authorizing the bonds secured by the investment, or by law governing the investment of trust funds in the custody of the Treasurer. (o) Adopt guidelines for grants, bonds, and other evidences of indebtedness. (Amended by Stats. 2012, Ch. 38, Sec. 31. (SB 1016) Effective June 27, 2012.)
  170. 17180.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

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    The authority must carry out its Charter School Facilities Program duties to provide funding for charter school facilities, and Article 12 controls over conflicting provisions for that implementation.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17180.5. (a) In addition to the powers authorized pursuant to Section 17180, the authority shall perform its duties under the Charter School Facilities Program to provide funding for facilities for charter school pupils as set forth in Article 12 (commencing with Section 17078.50) of Chapter 12.5. (b) Notwithstanding any provision of law to the contrary, including, but not limited to, Section 17197, with regard to the authority’s implementation of funding for charter school facilities, Article 12 (commencing with Section 17078.50) shall control over conflicting provisions, if any, in this chapter. (Added by Stats. 2002, Ch. 935, Sec. 15. Effective January 1, 2003.)
  171. 17181.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The section creates the California School Finance Authority Fund and requires its money to be used only for this chapter’s bond purposes unless an exception applies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17181. (a) The California School Finance Authority Fund is hereby created in the State Treasury, to be administered by the authority. Notwithstanding Section 13340 of the Government Code, all moneys in the fund shall be continuously appropriated without regard to fiscal year for the purposes of this chapter. The authority may pledge any or all of the moneys in the fund as security for payment of the principal of, and interest on, any particular issuance of bonds pursuant to this chapter. For that purpose, or as necessary or convenient to the accomplishment of any other purpose of this chapter, the authority may divide the fund into separate accounts. All moneys accruing to the authority pursuant to this chapter from any source shall be deposited in the fund. (b) Subject to any priorities created by the pledge of particular moneys in the fund to secure any issuance of bonds of the authority, and to reasonable administrative costs incurred by the authority in implementing this chapter, all moneys in the fund, regardless of the source, shall be held in trust for the security and payment of bonds of the authority, and shall not be used or pledged for any other purpose while any bonds are outstanding and unpaid. Nothing in this subdivision shall be construed to limit the power of the authority to make loans with bond proceeds in accordance with the terms of the resolution authorizing the issuance of those bonds. (c) Pursuant to any agreements with the holders of particular bonds pledging any particular assets, revenues, or moneys, the authority may create separate accounts in the fund to manage the assets, revenues, or moneys in the manner prescribed by the agreements. (d) From time to time, the authority may direct the Treasurer to do any of the following: (1) Invest moneys in the fund which are not required for its current needs, including, but not limited to, proceeds from the sale of any bonds in eligible securities specified in Section 16430 of the Government Code and designated by the authority, or in any other securities or obligations designated by the authority, in the resolution authorizing the issuance of the bonds payable or secured by the moneys. (2) Deposit moneys in the fund in interest bearing accounts in state or national banks or other financial institutions having principal offices in the state. (3) Transfer moneys in the fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 4 of Division 4 of Title 2 of the Government Code. Notwithstanding Section 16305.7 of the Government Code, all interest or other earnings resulting from an investment or deposit pursuant to this subdivision shall be deposited in the fund. (e) Except as otherwise provided in paragraph (3) of subdivision (d), no moneys in the fund shall be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  172. 17182.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The authority must fund chapter expenses only from appropriated funds and must not take on liabilities above those funds, except as provided in subdivision (b).

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17182. (a) Except as otherwise provided in subdivision (b), all expenses incurred by the authority in implementing this chapter shall be payable solely from funds appropriated for purposes of this chapter, and the authority shall not incur liabilities in excess of the amount of those funds. (b) The authority may request a loan by the Pooled Money Investment Board from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, and may execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. The loan shall be deposited in the fund for the purposes of carrying out the provisions of this chapter. The amount of the loan shall not exceed the amount of the unsold bonds that the authority by resolution, has authorized to be sold for the purposes of this chapter. (Added by Stats. 1997, Ch. 893, Sec. 92. Effective January 1, 1998.)
  173. 17183.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The authority may issue revenue bonds, and the Treasurer must sell them, subject to the statute’s stated conditions and bond-term requirements.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17183. (a) From time to time, the authority, by resolution, may issue its revenue bonds in order to provide funds for any of the purposes of this chapter. Bonds may be issued to finance or refinance any of the following: (1) A single project or financing of working capital for a single participating party. (2) A series of projects or financings of working capital for a single participating party. (3) A single project or financing of working capital for several participating parties. (4) Several projects or financings of working capital for several participating parties. (5) A joint venture school facilities construction project undertaken pursuant to Article 5 (commencing with Section 17060) of Chapter 12. (b) Except as otherwise expressly provided by the authority, all revenue bonds shall be payable from any available revenues or moneys of the authority not otherwise pledged, subject only to any agreements with holders of particular bonds or notes pledging any particular revenue or moneys. Notwithstanding that revenue bonds issued pursuant to this section may be payable from a special fund, the revenue bonds shall be, and shall be deemed to be for all purposes, negotiable instruments, subject only to the provisions of the revenue bonds for registration. (c) The revenue bonds of the authority may be issued as serial bonds, term bonds, or the authority, in its discretion, may issue bonds of both types. The issuance shall be in accordance with the indenture, trust agreement, or resolution relating to the revenue bonds, which shall provide all of the following: (1) The date or dates of the bonds. (2) The date or dates upon which the bonds will mature, not to exceed 40 years from their respective dates. (3) The interest rate or rates, or methods of determining the interest rate or rates, of the bonds. (4) When the bonds are payable. (5) The denominations of the bonds. (6) The form of the bonds, which shall be either bearer or registered. (7) The registration privileges of the bonds. (8) The manner in which the bonds are to be executed. (9) The place or places at which the bonds shall be payable in lawful money of the United States of America. (10) The terms of redemption of the bonds. (d) After giving due consideration to the recommendations of the participating party or parties, the revenue bonds of the authority shall be sold by the Treasurer at either a public or private sale at a price or prices, and upon the terms and conditions prescribed by the authority. The revenue bonds of the authority may be sold at, above, or below the par value of the bonds. (e) Pending the preparation of the definitive bonds, the authority may issue interim receipts or certificates or temporary bonds that shall be exchanged for the definitive bonds. (f) Any resolution authorizing the issuance of any bonds of the authority, or any issue of revenue bonds of the authority, may include any of the following provisions: (1) Provisions pledging all or any part of the proceeds of the bonds or revenue of a project or loan. (2) Provisions concerning the replacement of mutilated, destroyed, stolen, or lost bonds. (3) Provisions specifying insurance to be maintained on the project and the authorized uses of the proceeds of the insurance. (4) Covenants against the mortgaging or otherwise encumbering, selling, leasing, pledging, placing a charge upon, or otherwise disposing of the project before the payment of the bonds issued to finance the project. (5) Provisions specifying the events of default, terms upon which the bonds may be declared due before maturity, and the terms upon which the declaration and its consequences may be waived. (6) The rights, liabilities, powers, and duties arising upon the breach of any covenants, conditions, or obligations. (7) Vesting of the right to enforce covenants in a trustee. (8) The terms upon which all or any percentage of the bondholders may enforce covenants or duties. (9) Procedures for amending the terms of the resolution, with or without the consent of the holders of a specified number of bonds. (10) Provision for any other acts or things deemed necessary, convenient, or desirable by the authority to secure the bonds or improve their marketability. (g) The validity of the authorization and issuance of any bond issue shall not be affected by proceedings for the acquisition, construction, or improvement of any project, or by contracts relating to those proceedings. Any resolution authorizing the issuance of any bonds of the authority may provide authorization for the bonds to bear a statement certifying that they are issued pursuant to this chapter. Bonds bearing that statement shall be conclusively deemed valid and issued in conformity with this chapter. Reference on the face of the bonds to the resolution by its date of adoption shall incorporate the provisions of the resolution and of this chapter into the terms of the bonds. (h) Members of the authority, or any person executing the revenue bonds of the authority, shall not incur personal liability on the bonds, nor shall these persons incur personal liability or accountability by reason of the issuance of the revenue bonds of the authority. (i) The authority is authorized, out of any funds available for that purpose, to purchase revenue bonds of the authority. The authority may hold, pledge, cancel, or resell any bonds purchased under the authority of this subdivision, subject to, and in accordance with, agreements with bondholders. (j) The financing or refinancing of projects or working capital may be provided pursuant to this chapter by means other than revenue bonds, at the discretion of the authority, including financing or refinancing through certificates of participation, or other interests, in bonds, loans, leases, installment sales, or other agreements of the participating party or parties. In this connection, the authority may do all things and execute and deliver all documents and instruments as may be necessary or desirable with regard to issuance of the certificates of participation or other means of financing or refinancing. (k) The authority may by resolution issue its revenue bonds in the form of commercial paper. (Amended by Stats. 2012, Ch. 38, Sec. 32. (SB 1016) Effective June 27, 2012.)
  174. 17183.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    For financial-feasibility showings, the participating party may count all of its funds and may use historical experience or reasonable expectations to make future projections.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17183.5. In enacting this chapter, it is the intent of the Legislature to provide financing only for projects demonstrated by the participating party to be financially feasible. In demonstrating financial feasibility, the participating party may take into account all of its funds, and may base future projections upon historical experience or reasonable expectations, or a combination thereof. Nothing in this section shall be construed to imply that any project is required to produce revenue in order to be financed under this chapter. (Amended by Stats. 2006, Ch. 325, Sec. 5. Effective January 1, 2007.)
  175. 17184.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The authority may structure and secure its revenue bonds through trust agreements, indentures, and related bond documents, and the Treasurer is not treated as having a conflict of interest for serving as trustee under this chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17184. (a) In the discretion of the authority, any revenue bonds of the authority issued under this chapter may be secured by a trust agreement, or by indenture by and between the authority and a corporate trustee or trustees, including the Treasurer or any trust company or bank having the powers of a trust company within or outside the state. (b) Any trust agreement, indenture, or any resolution providing for the issuance of bonds of the authority, may pledge or assign the proceeds of the bonds, and the revenues to be received by, a participating party or parties. (c) Any trust agreement, indenture, or resolution providing for the issuance of revenue bonds of the authority may include any provisions for the protection of, and the enforcement of the rights and remedies of, bondholders as may be reasonable and proper and not in violation of any law, including provisions included in any resolution or resolutions of the authority provided under subdivision (a) or (b). (d) Any trust agreement or indenture may prescribe the rights and remedies of the bondholders, and of the trustee or trustees, and may restrict the individual right of action of the bondholders. (e) Any trust agreement, indenture, or resolution may include any other provisions deemed by the authority to be reasonable and proper for the security of the bondholders. (f) Notwithstanding any other provision of law, the Treasurer shall not be deemed to have a conflict of interest by reason of his or her capacity as trustee pursuant to this chapter. (Amended by Stats. 2006, Ch. 325, Sec. 6. Effective January 1, 2007.)
  176. 17185.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Revenue bonds under this chapter are not treated as state or local debt, and the bonds must be paid only from funds provided under the chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17185. (a) Notwithstanding any other provision of law, revenue bonds issued under this chapter are not and shall not be deemed to constitute a debt or liability of the state, or any political subdivision thereof, and are not and shall not be deemed to be a pledge of the faith and credit of the state, or any political subdivision thereof, other than the authority. Revenue bonds of the authority shall be payable solely from funds provided under this chapter. (b) Each revenue bond of the authority shall include a statement on the face of the bond that neither the State of California nor the authority is obligated to pay the principal or interest thereon, except from revenues of the authority, and shall also include a statement that neither the faith or credit, nor the taxing power of the State of California, or any political subdivision, is pledged to the payment of the principal or interest of the bonds. (c) The issuance of revenue bonds under this chapter shall not directly, indirectly, or contingently obligate the state, or any political subdivision thereof, to levy or pledge any form of taxation, or make any appropriation for their payment. (Amended by Stats. 2006, Ch. 325, Sec. 7. Effective January 1, 2007.)
  177. 17186.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Bond holders, coupon holders, and trustees may enforce rights and compel the authority’s duties under this chapter, unless restricted by the bond resolution or related trust documents.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17186. (a) Any holder of revenue bonds issued under this chapter, or any coupons appertaining thereto, or the trustee or trustees under any trust agreement, indenture, or resolution, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any rights conferred under state law, by this chapter, or under the terms of any trust agreement, indenture, or resolution, except to the extent that these rights may be otherwise restricted by any resolution authorizing the issuance of these bonds, or by any trust agreement or indenture securing these bonds. (b) Any holder of revenue bonds issued under this chapter, or any coupons appertaining thereto, or the trustee or trustees under any trust agreement, indenture, or resolution, may enforce and compel the performance of all duties required under this chapter, or by any trust agreement, indenture, or resolution, to be performed by the authority, or by any officer, employee, or agent of the authority. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  178. 17187.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Money received under this chapter must be treated as trust funds and used only as this chapter allows.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17187. All moneys received under this chapter, whether received as proceeds from the sale of revenue bonds or as revenues, are trust funds to be held and applied solely as provided in this chapter. Any officer, bank, or trust company with whom those moneys have been deposited, shall act as trustee of those moneys and shall hold and apply them for those purposes, subject to the requirements of this chapter and the resolution authorizing the bonds of any issue, or the trust agreement or indenture securing those bonds, may provide. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  179. 17188.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

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    The authority may issue refunding revenue bonds and manage the proceeds through escrow, investment, and repayment of outstanding bonds.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17188. (a) The authority may provide for the issuance of the revenue bonds of the authority for the purpose of refunding any bonds, or any series or issue of the revenue bonds of the authority then outstanding, and may include the payment of any redemption premium for those bonds and any interest accrued or to accrue to the date of redemption and purchase or maturity of those bonds. (b) The proceeds of any bonds issued for the purpose of refunding of outstanding bonds may, in the discretion of the authority, be applied to the purchase or redemption prior to maturity or retirement at maturity of the outstanding bonds on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof, or paid to a third person to assume the authority’s obligation to make those payments, and may, pending that application, be placed in escrow to be applied to the purchase or retirement at maturity or redemption on any date or dates as may be determined by the authority. (c) Any escrowed proceeds, pending such use may be invested and reinvested in obligations or securities authorized by resolution of the authority, maturing at any time or times as shall be appropriate to assure the prompt payment, as to principal, interest, and redemption premium, if any, of the outstanding bonds to be so refunded. The interest, income and profits, if any, earned or realized on any investment may also be applied to the payment of the outstanding bonds to be so refunded or of interest in the refunding bonds. After the terms of the escrow have been fully satisfied and carried out, any balance of proceeds and interest, income profits, if any, earned or realized on the investments thereof may be returned to the authority for use by it in any lawful manner. (d) All refunding bonds are subject to the provisions of this chapter, in the same manner and to the same extent, as other bonds issued pursuant to this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  180. 17189.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Revenue bonds issued by the authority may be treated as securities that certain financial institutions and fiduciaries may invest in, and they may also be deposited with state or municipal officers or agencies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17189. (a) Revenue bonds issued by the authority under this chapter shall be designated as securities in which all banks, bankers, savings banks, trust companies, and other persons engaged in a banking business; all insurance companies, insurance associations, and other persons carrying on an insurance business; any administrators, executors, guardians, trustees, and other fiduciaries; and any other persons who are now or who may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest any funds, including capital belonging to them or within their control. (b) Revenue bonds issued by the authority under this chapter, other notes or securities, or obligations are hereby made securities which may properly and legally be deposited with, and received by, any state or municipal officer, or agency of the state for any purpose for which the deposit of bonds or other obligations of the state are, or may hereafter be, authorized by law. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  181. 17190.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Bonds issued under this chapter, their transfer, and income are exempt from state and local taxation, and the authority does not have to pay taxes or assessments on covered projects, property, income, assets, or operations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17190. (a) Any bonds issued under this chapter, their transfer, and income therefrom shall at all times be free from taxation of every kind by the state and by all political subdivisions of the state. (b) The authority is not required to pay any taxes or assessments upon, or with respect to, any project or property acquired by or for the authority under this chapter, or upon any income therefrom, or on or from any other assets or operations of the authority. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  182. 17191.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    California must not undermine certain bond- and contract-related rights, and the authority may include these pledges in its revenue bonds and contracts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17191. (a) The State of California pledges and agrees with the holders of the bonds issued pursuant to this chapter, and with those parties who may enter into contracts with the authority pursuant to the provisions of this chapter, that the state will not limit, alter, or restrict the rights hereby vested in the authority to finance educational facilities. The State of California pledges and agrees to fulfill the terms of any agreements made with the holders of bonds authorized by this chapter, and with the parties who may enter into contracts with the authority pursuant to this chapter, and pledges and agrees not to impair the rights or remedies of the holders of any revenue bonds or any parties until the bonds, together with interest, are fully paid and discharged and any contracts are fully performed on the part of the authority. (b) The authority shall have the right to include the pledges made pursuant to this section in its revenue bonds and contracts. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  183. 17192.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Pledges made by or to the authority under this chapter are valid and binding, and the pledged rights become subject to the pledge lien immediately.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17192. (a) Pledges by or to the authority of revenues, moneys, accounts, accounts receivable, contract rights, or other rights to payment of any other kind made by or to the authority pursuant to this chapter shall be valid and binding from the time the pledge is made for the benefit of the pledges, and the successors thereto. (b) The revenues, moneys, accounts, accounts receivable, and other rights to payment of any other kind pledged by or to the authority or its assignees, shall immediately be subject to the lien of the pledge without physical delivery, or any further act. The lien of any pledge shall be valid and binding against all parties, irrespective of whether the parties have notice of the claim. The trust agreement, indenture, resolution, or other instrument by which any pledge is created need not be recorded. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  184. 17193.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The authority must set and collect rents for its projects, and it may contract, pledge revenues, issue additional revenue bonds, and include financing terms in leases or agreements.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17193. (a) The authority shall fix, revise, charge, and collect rents for the use of each project owned by the authority, and may contract with any person, partnership, association, corporation, or other body, whether public or private, for that purpose. Any lease entered into by the authority with a participating party, and each agreement, note, or other instrument evidencing the obligations of a participating party to the authority, shall provide that the rents or principal, interest, and other charges payable by the participating party shall be sufficient to provide for all of the following: (1) To pay the principal, sinking fund payments, if any, premiums, if any, and the interest on outstanding bonds of the authority issued in respect of the project when due and payable. (2) To create and maintain reserves that may, but need not necessarily be required or provided for, in the resolution relating to the revenue bonds of the authority. (3) To pay its share of the administrative costs and expenses of the authority. (b) The authority shall pledge the revenues derived and to be derived from a project or from a participating party for the purposes specified in paragraphs (1), (2), and (3) of subdivision (a). The authority may issue additional revenue bonds that may be ranked on a parity with other bonds relating to the project to the extent, and under the terms and conditions provided, in the bond resolution. (c) The authority and a participating party may include in any lease or agreement between them or with a credit provider any terms and conditions relating to insurance, liquidity, or credit enhancement of the bonds, or any other lawful terms and conditions the authority deems necessary or desirable to facilitate the purposes of this chapter. (Amended by Stats. 2006, Ch. 325, Sec. 8. Effective January 1, 2007.)
  185. 17194.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The authority may let a participating party act as its agent for approved acts and for acts required under the referenced article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17194. The authority may authorize any participating party to act as its agent in the performance of acts specifically approved by the authority, and all acts required under Article 3 (commencing with Section 17280) of Chapter 3 of Part 10.5. The authorizations may include, but are not necessarily limited to, all of the following: (a) The selection of school or college sites. (b) The securing of appraisals. (c) Contracts for architectural services. (d) The advertisement for construction bids and the entry into contracts for construction. (e) The purchase of furniture and equipment. (Amended by Stats. 2006, Ch. 325, Sec. 10. Effective January 1, 2007.)
  186. 17195.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    When bonds have been paid off or adequately provided for and all related conditions are satisfied, the authority must promptly sign and deliver the releases and conveyances needed to return its project interests to the participating parties.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17195. Whenever the principal and interest on bonds issued by the authority to finance the cost of a project or working capital, or to refinance the outstanding indebtedness of one or more participating parties, including any refunding bonds issued to refund and refinance those bonds, have been fully paid or retired, or whenever adequate provision has been made to fully pay and retire the bonds, and all other conditions of the resolution, lease, trust indenture and any security interest, or any other instrument or instruments authorizing and securing the bonds have been satisfied and the lien of security interest has been released in accordance with those provisions, the authority shall promptly provide for and execute any releases, release deeds, reassignments, deeds, and conveyances as are necessary and required to convey or release its rights, title, and interest in the project financed, to the participating parties. (Amended by Stats. 2006, Ch. 325, Sec. 11. Effective January 1, 2007.)
  187. 17196.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This chapter is treated as an additional, alternative, and supplemental method for the authorized acts, and revenue bonds, refunding bonds, and related projects or financings do not have to follow other bond-issuance laws.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17196. (a) This chapter shall be deemed to provide a complete, additional, and alternative method for accomplishing the acts authorized in this chapter, and shall be deemed as being supplemental and additional to the powers conferred by other applicable laws, except that the issuance of revenue bonds and refunding bonds and the undertaking or projects or financings under this chapter need not comply with the requirements of any other laws applicable to the issuance of bonds, including, without limitation, Division 13 (commencing with Section 21000) of the Public Resources Code. (b) Except as provided in subdivision (a), the financing of a project under this chapter shall not exempt a project from any of the requirements of law which are otherwise applicable to the project. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  188. 17197.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    If this chapter conflicts with another general statute or special act, this chapter controls.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17197. To the extent that the provisions of this chapter are inconsistent with any other provisions of any general statute, or a special act or parts thereof, the provisions of this chapter shall be deemed controlling. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  189. 17198.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Any net earnings of the authority, after what is needed to retire its obligations or carry out this chapter, may go only to the State of California or the authority.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17198. Any net earnings of the authority beyond that necessary for the retirement of any obligations issued by the authority, or to implement the purposes of this chapter, may inure only to the benefit of the State of California or the authority. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  190. 17199.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    When the authority is dissolved, its property title passes to a qualifying successor authority if one exists; otherwise, title passes to the State of California.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17199. Upon the dissolution of the authority, title to all property owned by the authority shall vest in the successor authority created by the Legislature, if any, if the successor authority meets the requirements of Section 103 of the federal Internal Revenue Code of 1954, as amended, and its implementing regulations, as an authority entitled to issue obligations on behalf of the State of California, the interest from which is exempted from federal income taxation. In the event that a successor authority is not created, title to all property owned by the authority shall vest in the State of California. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  191. 17199.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Participating parties may use this section’s financing tools, but must repay working-capital loans within 15 months and show the authority they can repay them.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17199.1. (a) Any participating party, exclusively for the purpose of securing financing or refinancing of projects or working capital pursuant to this chapter through the issuance, by the authority, of revenue bonds, certificates of participation, or other means, and notwithstanding any other law, may do any of the following: (1) Sell to the authority all or part of any rights to or possibilities regarding the state’s share of funding for school facilities approved by the State Allocation Board pursuant to Chapter 12.5 (commencing with Sec. 17070.10), including amounts apportioned and funded and amounts approved but not yet funded by the State Allocation Board from proceeds of state bonds already authorized by the electors but not yet issued. (2) Issue bonds to the authority. (3) Borrow money or purchase or lease educational facilities from the authority, and in connection with the borrowing, purchase, or lease, sell or lease property to the authority, in each case at any interest rate or rates, rental provisions, with any maturity date or dates or term, and with any other transfer, assignment, payment, security, default, remedy, and other terms or provisions as may be specified in the sale of rights agreement or the bonds of the participating party or a loan, loan purchase, installment sale, lease, or other agreement between the authority and the participating party, subject to the following conditions: (A) (i) The sum of the amount borrowed to finance or refinance working capital and the interest payable on the working capital assumed at the initial interest rate if interest is variable, shall not exceed 85 percent of the estimated amount of uncollected taxes, income, revenue, cash receipts, and other funds to be received by the participating party, which: (I) In the case of a school district, community college district, or county office of education, will be available in the fiscal year of the borrowing. (II) In the case of a charter school, will be available during the term of the loan, for the repayment of the loan and the interest on the loan. (ii) For purposes of this paragraph, “revenue” includes, but is not limited to, federal and state funds received by the participating party. (B) In computing the maximum amount that may be borrowed pursuant to subparagraph (A), the participating party may exclude the amount of any principal or interest that is secured by a pledge of the amount in any inactive or term deposit of the participating party that has a term scheduled to terminate: (i) In the case of a school district, community college district, or county office of education, during the fiscal year of the borrowing. (ii) In the case of a charter school, during the term of the loan. (C) A participating party that borrows money to finance or refinance working capital pursuant to this subdivision shall be required to repay and discharge the loan, including interest, within 15 months of the loan date. (D) In enacting this chapter, it is the intent of the Legislature to provide financing or refinancing of working capital needed to cover temporary or cashflow deficits and needs for working capital and not long-term budget deficits or shortfalls in funding. The participating party must demonstrate to the satisfaction of the authority that, during the term of any working capital loan received pursuant to this chapter, the participating party will receive or otherwise have (without additional borrowing) sufficient funds to repay and discharge the loan. The participating party may take into account all funds received by the participating party and may base future projections upon historical experience or reasonable expectations, or a combination of both. (b) Notwithstanding Sections 700, 703, and 1045 of the Civil Code, the rights and possibilities that a participating party may have or obtain in the future to an approved state contribution to funding for school facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) that remains unfunded pending the issuance of state bonds already authorized by the electors shall constitute property for all purposes and may be transferred as provided in subdivision (a). In the case of any transfer or assignment of rights or possibilities relating to funds for which bonds have been approved by the voters but are not yet available, the transfer or assignment shall be approved by resolution of the State Allocation Board before becoming effective. (c) Any participating party may enter into any agreement for liquidity or credit enhancement, with any reimbursement, payment, interest, security, default, remedy, and other terms it may deem necessary or appropriate in connection with the issuance of bonds, the borrowing of money, or the lease or purchase of educational facilities, whichever is applicable. Any participating party or parties also may do all things and execute all documents as may be necessary or desirable in connection with the issuance of certificates of participation, or other interests, in any bond, loan, note, installment sale, lease, or other agreement of the participating party. (d) A school district, by resolution, may authorize any county or city board of education or superintendent of schools, a community college district, by resolution, may authorize the Board of Governors of the California Community Colleges or the Chancellor of the California Community Colleges, and a charter school, by resolution, may authorize its chartering entity or educational management organization, to act as its agent in the performance of any of the matters permitted by this section or any other provision of this chapter. Notwithstanding any other law, the agent shall have the powers granted by the resolution for purposes of this chapter. The resolution shall be deemed to bind the school district, charter school, or community college district, as the case may be, to any contract, agreement, instrument, or other document executed by the agent on behalf of the school district, charter school, or community college district, and all duties, obligations, or responsibilities contained in the contract, agreement, instrument, or other document on the part of the school district, charter school, or community college district, to the same extent as if duly authorized, executed, and delivered by the school district, charter school, or community college district. (e) This section shall be deemed to provide a complete, additional, and alternative method for accomplishing the acts authorized by this section, and the sale or transfer of any rights to or possibilities regarding the state share of funding for school facilities approved by the State Allocation Board, including amounts apportioned and funded and amounts approved but not yet funded from proceeds of state bonds already authorized by the electors but not yet issued, issuance of bonds to, borrowing of money from, or sale or purchase or lease of educational facilities from or to, the authority. Any agreement entered into in connection with the transfer of any rights to or possibilities regarding the state contribution for funding for school facilities pursuant to Chapter 12.5 (commencing with Section 17070.10), including amounts apportioned and funded and amounts approved but not yet funded by the State Allocation Board from proceeds of state bonds already authorized by the electors but not yet issued, or the issuance of bonds, the borrowing of money, or the sale, purchase, or lease of educational facilities, including, without limitation, any agreement for liquidity or credit enhancement under this section, need not comply with the requirements of any other law applicable to issuance of bonds, borrowing, selling, purchasing, leasing, pledge, encumbrance, or credit, as the case may be, by a school district, charter school, or community college district, or by a county or city board of education or superintendent of schools, or the Board of Governors of the California Community Colleges or Chancellor of the California Community Colleges, or the governing board of a charter school, chartering entity, or educational management organization. (Amended by Stats. 2012, Ch. 38, Sec. 34. (SB 1016) Effective June 27, 2012.)
  192. 17199.15.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    While specified bonds remain outstanding, each participating party tied to those bonds cannot be a debtor in Chapter 9 bankruptcy, and governmental officers or organizations cannot authorize that result.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17199.15. Notwithstanding any other law, if any bonds that were issued for purposes of borrowing pursuant to paragraph (3) of subdivision (a) of Section 17199.1 to fund several financings of working capital for several participating parties under a single resolution remain outstanding, each participating party for which those bonds were issued is ineligible to be a debtor in a case under Chapter 9 of the United States Bankruptcy Code (Chapter 9 (commencing with Section 901) of Title 11 of the United States Code), as that chapter may be amended from time to time, and no governmental officer or organization is or may be empowered to authorize a participating party to be a debtor under that chapter. (Added by Stats. 2020, Ch. 110, Sec. 5. (SB 820) Effective September 18, 2020.)
  193. 17199.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    An action may be brought under a civil procedure chapter to test the validity of certain revenue bond issuances and related authority proceedings.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17199.2. An action may be commenced under Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of any issuance or proposed issuance of revenue bonds, the loan of the proceeds thereof, the sale, purchase, or lease of facilities under this chapter, or the legality and validity of any proceedings previously taken or proposed in a resolution of the authority to be taken for the authorization, issuance, sale, and delivery of the bonds, for the use of the proceeds thereof, or for the payment of the principal and interest thereon. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  194. 17199.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Revenue bonds issued for this chapter must not exceed $4.4 billion outstanding at any time, and certain refunded or prepaid bonds are not counted as outstanding.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17199.3. (a) The total amount of revenue bonds that may be issued and outstanding at any time for purposes of this chapter shall not exceed four billion four hundred million dollars ($4,400,000,000). (b) For purposes of subdivision (a) bonds that meet any of the following conditions shall not be deemed to be outstanding: (1) Bonds that have been refunded pursuant to Section 17188. (2) Bonds for which money or securities in amounts necessary to pay or redeem the principal, interest, or any redemption premium on the bonds have been deposited in trust. (3) Bonds that have been issued to finance or refinance working capital. (Amended by Stats. 2014, Ch. 416, Sec. 3. (AB 1979) Effective January 1, 2015.)
  195. 17199.4.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

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    This section lets a participating party use a state or local intercept to fund certain bond-related payments and costs, but it must give notice and follow required procedures.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17199.4. (a) Notwithstanding any other law, any participating party, in connection with securing financing or refinancing of projects, or working capital pursuant to this chapter, may, in accordance with this section, elect to provide for funding, in whole or in part, one or more of the following: (1) Payments on authority bonds. (2) Payments under credit enhancement or liquidity support agreements in connection with authority bonds. (3) Amounts pledged or assigned under one or more pledges or assignments to pay authority bonds or obligations under these credit enhancement or liquidity support agreements. (4) Payments to fund reserves available to pay any of the payments described in paragraphs (1), (2), and (3), exclusively until paid. (5) Fees and charges contemplated by the instruments of the authority, trustees, tender agents, remarketing agents, credit enhancement and liquidity support providers, and service providers. (6) Any other costs necessary or incidental to any financing or refinancing conducted under this chapter. (b) The payments made pursuant to subdivision (a) may be in connection with a financing or refinancing benefiting the participating party itself, one or more other participating parties, or any combination of participating parties. (c) To participate under this section, the participating party shall do all of the following: (1) Elect to participate in a state intercept or local intercept, or both, by an action of its governing board taken in compliance with the rules of that board. For a local intercept, the participating party shall send to the county treasurer, or other appropriate county fiscal officer, a request for the county to participate. A county is not required to participate. A county may agree to participate as evidenced by an agreement among the participating party or parties, the county, and the authority. (2) Provide written notice to the Controller, with respect to a state intercept, or to the county treasurer or other appropriate county fiscal officer, with respect to a local intercept, no later than the date of the issuance of the bonds or 60 days before the next payment, whichever is later, of all of the following: (A) Its election to participate. (B) A schedule of the payments subject to that election. (C) The payee or payees of those payments, or the trustee or agent on their behalf to receive those payments. (D) (i) Payment delivery instructions, which may be by wire transfer or other method approved by the Controller or county treasurer or other appropriate county fiscal officer, as applicable. (ii) If the method of payment delivery is wire transfer, the participating party shall complete and submit the appropriate authorization form as prescribed by the Controller or the county treasurer or other appropriate county fiscal officer, as applicable. (d) The participating party may amend, supplement, or restate the notice required pursuant to paragraph (2) of subdivision (c) for any reason, including, but not necessarily limited to, providing for new or increased payments. The participating party shall certify in the notice and in any amendment, supplement, or restatement of the notice that each and every payment reflected in the schedule is a payment described in subdivision (a) and the amounts scheduled do not exceed the actual or reasonably estimated payment obligations to be funded pursuant to this section. The participating party shall also represent in the notice that it is not submitting the notice for the purpose of accelerating a participating party’s receipt of its apportionments. This section does not prohibit transfer by the recipient of an apportionment under this section to the participating party submitting the notice of the excess apportionment above the amount needed to fund actual payments where the excess resulted from erroneous estimation of scheduled payments or otherwise. (e) Upon receipt of the notice required by paragraph (2) of subdivision (c), the Controller shall make an apportionment to the indicated recipient on the date, or during the period, shown in the schedule in accordance with all of the following: (1) If the participating party requests transfers in full as scheduled, in the amount of the scheduled transfer or whatever lesser amount is available from the sources described in subdivision (f). (2) If the participating party does not request transfers in full as scheduled, in the amount of the anticipated deficiency for the purpose of making the required payment indicated in a written request of the participating party to the Controller and in the amount of the actual shortfall in payment indicated in a written request of the recipient or the participating party to the Controller or whatever lesser amount is available from the sources described in subdivision (f). (3) To the extent funds available for an apportionment are insufficient to pay the amount set forth in a schedule in any period, the Controller shall, if and as requested in the notice, reschedule the payment of all or a portion of the deficiency to a subsequent period. (4) In making apportionments under this section, the Controller may rely conclusively and without liability on any notice or request delivered under this section, including any notice of request delivered before January 1, 2015. The Controller may make, but is not obligated to make, apportionments not reflected on a notice or on an amended, supplemented, or restated notice delivered under this section that the Controller receives less than 20 days before when the apportionment would otherwise be required. (f) The Controller shall make an apportionment under this section only from moneys designated for apportionment to the participating party delivering the notice, and only from one or more of the following: (1) Any funding apportioned by the state for purposes of the local control funding formula pursuant to Section 42238.02, as implemented by Section 42238.03, or state categorical or grant programs, to a school district or county office of education without regard to the specific funding source of the apportionment. (2) Any funding apportioned by the state for purposes of the local control funding formula pursuant to Section 42238.02, as implemented by Section 42238.03, or state categorical or grant programs, to a charter school without regard to the specific funding source of the apportionment. (3) Any funding apportioned by the state for purposes of community college apportionments pursuant to Sections 84750.4 and 84750.5, or state categorical or grant programs, to a community college district without regard to the specific funding source of the apportionment. (g) Upon receipt of the notice required by paragraph (2) of subdivision (c), a county treasurer or other appropriate county fiscal officer shall make an apportionment or revenue transfer to the indicated recipient on the date, or during the period, shown in the schedule in accordance with all of the following: (1) If the participating party requests transfers in full as scheduled, in the amount of the scheduled transfer or whatever lesser amount is available from the sources described in subdivision (h). (2) If the participating party does not request transfers in full as scheduled, in the amount of the anticipated deficiency for the purpose of making the required payment indicated in a written request of the participating party to the county treasurer or other appropriate county fiscal officer and in the amount of the actual shortfall in payment indicated in a written request of the recipient or the participating party to the county treasurer or other appropriate county fiscal officer or whatever lesser amount is available from the sources described in subdivision (h). (3) To the extent funds available for an apportionment or revenue transfer are insufficient to pay the amount set forth in a schedule in any period, the county treasurer or other appropriate county fiscal officer shall, if and as requested in the notice, reschedule the payment of all or a portion of the deficiency to a subsequent period. (4) In making apportionments under this section, the county treasurer or other appropriate county fiscal officer may rely conclusively and without liability on any notice or request delivered under this section. The county treasurer or other appropriate county fiscal officer may make, but is not obligated to make, apportionments or revenue transfers not reflected on a notice or on an amended, supplemented, or restated notice delivered under this section that the county treasurer or other appropriate county fiscal officer receives less than 20 days before when the apportionment would otherwise be required. (h) The county treasurer or other appropriate county fiscal officer shall make an apportionment or revenue transfer under this section only from moneys designated for apportionment to the participating party delivering the notice, and only from one or more of the following: (1) Any funding apportioned or administered by a county for purposes of the local control funding formula pursuant to Section 42238.02, as implemented by Section 42238.03, to a school district or county office of education without regard to the specific funding source of the apportionment. (2) Any funding apportioned or administered by a county for purposes of the local control funding formula pursuant to Section 42238.02, as implemented by Section 42238.03, to a charter school without regard to the specific funding source of the apportionment. (3) Any funding apportioned or administered by a county for purposes of community college apportionments pursuant to Sections 84750.4 and 84750.5 to a community college district without regard to the specific funding source of the apportionment. (i) (1) The amount apportioned for a participating party pursuant to this section shall be deemed to be an allocation to the participating party, and shall be included in the computation of allocation, limit, entitlement, or apportionment for the participating party. (2) The participating party and its creditors do not have a claim to funds apportioned or anticipated to be apportioned by the Controller or the county treasurer or appropriate county fiscal officer, as applicable, pursuant to this section. (j) (1) The authority may require participation under this section under the terms of any financing or refinancing under this chapter to provide for one or more of the payments described in paragraphs (1) to (4), inclusive, of subdivision (a). The authority may impose limits on new participation under this section. The authority may require participating parties to apply to the authority for participation. If the authority limits participation under this section, the authority shall consider each of the following priorities in making participation available: (A) First priority shall be given to participating parties that apply for funding for instructional classroom space under this chapter. (B) Second priority shall be given to participating parties that apply for funding of modernization of instructional classroom space under this chapter. (C) Third priority shall be given to participating parties that apply for funding under this chapter for any other eligible costs, as defined in Section 17173. (2) The authority shall prioritize applications at appropriate intervals. (3) A school district electing to participate under this section that has applied for revenue bond moneys for purposes of joint venture school facilities construction projects, pursuant to Article 5 (commencing with Section 17060) of Chapter 12, shall not be subject to the priorities set forth in paragraph (1). (k) This section does not make the State of California liable for any payments within the meaning of Section 1 of Article XVI of the California Constitution. (l) A school district that has a qualified or negative certification pursuant to Section 42131, or a county office of education that has a qualified or negative certification pursuant to Section 1240, may only participate under this section to intercept payments for indebtedness for which the repayment is determined to be probable pursuant to Section 42133. (m) This section does not obligate the State of California to make available the sources of apportionment under subdivision (f) or a county to make available the sources of apportionment under subdivision (h) in any amount or at any time or, except as provided in this section, to fund any payment described in this section. This subdivision is intended solely to clarify existing law. (Amended by Stats. 2023, Ch. 48, Sec. 13. (SB 114) Effective July 10, 2023.)
  196. 17199.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

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    When these bonds meet certain credit-enhancement conditions, the Controller or county fiscal officer must send the specified apportionment share to the public credit provider instead of the trustee.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17199.5. Notwithstanding Section 17199.4, if the bonds were subject to a credit enhancement agreement provided by a public credit provider pursuant to Section 17193.5 for which a payment for principal or interest, or both, has been made by the public credit provider, the Controller, or the county treasurer or other appropriate county fiscal officer, as applicable, shall allocate to the public credit provider, rather than the trustee, the percentage of the apportionment to be made pursuant to this paragraph equal to the percentage of the outstanding indebtedness that is subject to the credit enhancement agreement. (Amended by Stats. 2023, Ch. 48, Sec. 14. (SB 114) Effective July 10, 2023.)
  197. 17199.6.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. )

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    The authority has exclusive control over a specified bond volume cap, and its board may use or allocate that cap by resolution.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18. California School Finance Authority [17170 - 17199.6] ( Chapter 18 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17199.6. The authority is delegated exclusive control over the use and allocation of the volume cap described in Section 142(k) of the federal Internal Revenue Code, or successor provisions of the Internal Revenue Code. The board of the authority, by resolution, may use the volume cap for obligations issued by the authority or allocate the volume cap to any party. (Added by Stats. 2012, Ch. 38, Sec. 37. (SB 1016) Effective June 27, 2012.)
  198. 1720.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Preparation of Courses of Studies [1720 - 1723] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    The county superintendent of schools may, with county board approval and in cooperation with school districts and community college districts, arrange for course, curriculum, and instructional material preparation for elementary and secondary schools.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Preparation of Courses of Studies [1720 - 1723] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 1720. The county superintendent of schools may, with the approval of the county board of education, and in cooperation with school districts and community college districts provide for the preparation of courses of study and the development of curriculum and instructional materials to be used in the elementary and secondary schools. (Enacted by Stats. 1976, Ch. 1010.)
  199. 17200.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18.5. Higher Education Student Housing and Capacity Expansion Grant Programs [17200 - 17204] ( Chapter 18.5 added by Stats. 2021, Ch. 262, Sec. 2. )

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    This section defines key terms used in the chapter on higher education student housing and capacity expansion grant programs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18.5. Higher Education Student Housing and Capacity Expansion Grant Programs [17200 - 17204] ( Chapter 18.5 added by Stats. 2021, Ch. 262, Sec. 2. ) ## 17200. As used in this chapter, unless the context requires otherwise, the following definitions apply: (a) “Administering entity” means the following: (1) For an application for a community college campus or district, the office of the Chancellor of the California Community Colleges. (2) For an application for a California State University campus, the office of the Chancellor of the California State University. (3) For an application for a University of California campus, the office of the President of the University of California. (4) For an intersegmental application, both or all of the systemwide offices described in paragraphs (1) to (3), inclusive, as applicable to the project applicants. (b) “Applicant” means a community college district, a campus of the California State University, a campus of the University of California, which may include the college named in Section 92200, or a partnership of campuses across and within the public higher education segments. “Applicant” also means the office of the Chancellor of the California Community Colleges on behalf of one or more community college districts, the office of the Chancellor of the California State University on behalf of one or more campuses of the California State University, or the office of the President of the University of California on behalf of one or more campuses of the University of California. (c) “Campus” means a community college district, a campus of the California State University, or a campus of the University of California, which may include the college named in Section 92200. (d) “Capacity expansion projects” means projects that expand the ability of a four-year public postsecondary educational institution to support future California resident enrollment growth. (e) “Low-income student” means either of the following: (1) A student who is eligible to receive one or more of the following: (A) Pell Grant financial aid under the federal Pell Grant program (20 U.S.C. Sec. 1070a). (B) A Cal Grant under Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3. (C) An exemption from paying nonresident tuition pursuant to Section 68130.5 provided that the student also meets income criteria applicable to the California Dream Act application. (D) A fee waiver from a California Community College pursuant to Section 76300. (2) A graduate student with income and asset levels that would qualify for one or more of the benefits in subparagraphs (A) through (D), inclusive, as determined by the campus at which the student is enrolled. (f) “Public-private partnership” means a long-term agreement between a segment and the private sector for purposes of a student housing project, including, but not limited to, studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, a student housing project. (g) “Segment” means the public higher education segments of California, which are the University of California, the California State University, or the California Community Colleges. (h) “Student housing project” means one or more housing facilities to be occupied by students of one or more campuses. These facilities may include, but are not necessarily limited to, dining, academic and student support service spaces, basic needs centers, student health care services, and other necessary and usual attendant and related facilities and equipment. (Amended by Stats. 2022, Ch. 478, Sec. 4. (AB 1936) Effective January 1, 2023.)
  200. 17201.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18.5. Higher Education Student Housing and Capacity Expansion Grant Programs [17200 - 17204] ( Chapter 18.5 added by Stats. 2021, Ch. 262, Sec. 2. )

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    This section creates the Higher Education Student Housing Grant Program and sets conditions for applications, funding, rents, reporting, and project requirements.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18.5. Higher Education Student Housing and Capacity Expansion Grant Programs [17200 - 17204] ( Chapter 18.5 added by Stats. 2021, Ch. 262, Sec. 2. ) ## 17201. (a) The Higher Education Student Housing Grant Program is hereby established to provide one-time grants for the construction of student housing, or for the acquisition and renovation of commercial properties into student housing for the purpose of providing affordable, low-cost housing options for students enrolled in public postsecondary education in California. (b) (1) (A) Of the total amount appropriated pursuant to subdivision (l), and intended to be appropriated pursuant to subdivision (p) in support of this section and Section 17202, as those sections read on January 1, 2023, 50 percent of the available funds shall be available for the California Community Colleges, 30 percent of the available funds shall be available for the California State University, and 20 percent of the available funds shall be available for the University of California. (B) Commencing with the 2023–24 fiscal year, funding previously allocated for construction grants for campuses of the University of California and the California State University, or funding that is planned to be allocated for additional construction grants for the University of California and the California State University, pursuant to this section, as it read on January 1, 2023, shall be funded with bonds issued by the University of California and the California State University instead of funded from previous and planned General Fund appropriations. (C) Commencing with the 2023–24 fiscal year, funding previously allocated for construction grants for campuses of the California Community Colleges, or funding that is planned to be allocated for additional construction grants for the California Community Colleges, pursuant to this section, as it read on January 1, 2023, shall be funded with local revenue bonds issued by community college districts instead of funded from previous and planned General Fund appropriations. (2) Notwithstanding paragraph (1), the amounts designated in paragraph (1) for the California Community Colleges, and the amounts designated in subdivision (n) for the University of California and the California State University, may be adjusted to accommodate and prioritize projects serving low-income students across more than one segment. (3) It is the intent of the Legislature that grants will be disbursed to increase the current stock of affordable student housing, for purposes of supporting low-income students and facilitating low-income student access to higher education. (c) Proposals for one-time grants for the construction of, or rehabilitation of commercial properties for, student housing shall include, at a minimum, the project goals, costs, number of students to be housed, timeline for the project, financial feasibility of the project, anticipated impact on the campus’ ability to accommodate California resident enrollment growth, a commitment to construct the project within the resource needs identified in the proposal, and any other information deemed necessary for evaluation of the criteria pursuant to subdivision (f). (d) (1) University of California campuses, California State University campuses, and community college districts shall submit their applications to their respective administering entities. (2) Applications for intersegmental projects shall be submitted to each of the administering entities overseeing a campus or college involved in the intersegmental project. (3) Community college districts and intersegmental partners that receive planning grants may submit applications for construction grants to their respective administering entities only after feasibility studies and all other preliminary planning have been completed and reliable project cost estimates have been developed. (e) The administering entities shall provide the Department of Finance, the Legislative Analyst’s Office, and the budget committees of the Legislature with information on all submitted project proposals, including, but not necessarily limited to, the information specified in subdivision (g), on or before February 1 preceding the fiscal year in which program funds are appropriated. (f) Submitted proposals shall demonstrate all of the following: (1) Construction on the project could begin by December 31 in the year the grant is awarded, or by the earliest possible date thereafter. (2) (A) The rent provided in the applicable units of the development for low-income students shall be calculated at 30 percent of 50 percent of the area median income for a single-room occupancy unit type. The percentage of area median income may be adjusted upon written notification by the Director of Finance to the Joint Legislative Budget Committee, and approval by the Joint Legislative Budget Committee. (B) Annual rent for the units described in this paragraph may be adjusted each year based on the lesser of the area median income calculation for a given year pursuant to subparagraph (A), or the percentage change in the annual average value of the California Consumer Price Index for all urban consumers for the most recent calendar year of actual data. (C) The affordability restriction described in subparagraph (A) shall apply for the life of the facility. (3) A commitment to first offer the housing available from the facilities to low-income students. In meeting this requirement, a campus may calculate the rental savings and number of low-income students that would be served by the student housing constructed pursuant to this section, and place the calculated number of students qualifying for the reduced rental rate throughout the campus’s available housing. (4) (A) A commitment to require any students renting housing in the facilities to take a minimum average of 12 degree-applicable units per semester term, or the quarterly equivalent, to facilitate timely degree completion. (B) Notwithstanding subparagraph (A), eligible students renting housing in the facilities shall be permitted to live in the facilities for the full academic or calendar year so long as the student remains enrolled in the applicable campus. Renewal of housing in the facility in subsequent academic or calendar years shall require the student to demonstrate compliance with subparagraph (A). (C) Notwithstanding subparagraph (A), students renting housing in the facilities may temporarily reduce their unit load below 12 degree-applicable units if they are able to demonstrate an exceptional circumstance necessitating a reduced unit load, which may include, but is not necessarily limited to, illness or injury, as determined by the applicable campus. (5) Receipt of a grant pursuant to this chapter will result in a public benefit, such as providing low-cost student housing and reduced rents, reducing students’ total cost of attendance, serving more low-income students, or other tangible benefits that would not be practical without the grant for student housing. (6) The University of California and the California State University shall not use a public-private partnership to construct, operate, maintain, or any combination thereof, a project. (7) As a condition of receiving funding for a project, the University of California shall comply, with respect to the project, with the requirements of Section 92495 applicable to capital outlay projects. (8) A plan to build funds into the submitted project bid for project contingency. (A) The amount for project contingency shall be 5 percent of construction costs for University of California and California State University projects and 10 percent of construction costs for California Community College projects. Intersegmental projects involving a California Community College shall include project contingency of 10 percent of construction costs. Grant funds may be used to cover these project contingency amounts. (B) (i) The plan also shall identify the fund sources, other than the construction grants received under this program, and their respective balances that would be available to cover costs above those projected in the application. (ii) Any applicant that receives a grant shall cover any costs above those identified in their application to the state using the fund sources identified in clause (i). (9) (A) An applicant’s student population has unmet demand for housing, as measured by both of the following: (i) The proportion of students waitlisted for on-campus housing compared to total enrollment. (ii) Rental vacancy rates for housing in the county for which the student housing project would be located, as defined by the United States Census Bureau. (B) Applicants shall calculate the data pursuant to clauses (i) and (ii) of subparagraph (A) using data for the most recent year available. (10) A campus shall not apply for a grant to reimburse costs that it has already incurred. (g) In their submittals to the Department of Finance, the Legislative Analyst’s Office, and budget committees of the Legislature, the administering entities shall rank all eligible applications using a composite score of all of the following measures: (1) State funding per bed for low-income students, with a lower ratio receiving a higher ranking. (2) Projected rents for low-income student units relative to the limit set forth in subparagraph (A) of paragraph (2) of subdivision (f), with a lower measure receiving a higher ranking. (3) Project timeline, with an earlier construction start date receiving a higher ranking. (4) The geographic location of each project. It is the intent of the Legislature that projects selected for a grant are fairly representative of various geographical regions of the state and campuses of the University of California, the California State University, and the California Community Colleges. (5) Whether the applicant is reapplying with a project that was previously deemed ineligible, with a higher ranking given to the updated project applications that address any issues identified in a previous application. (6) (A) Unmet demand for housing, with a higher ranking given to projects with either of the following: (i) Higher proportions of students waitlisted for on-campus housing when compared to total enrollment. (ii) Lower rental vacancy rates for housing in the county for which the student housing project would be located, as defined by the United States Census Bureau. (B) Applicants shall calculate the proportions and rates pursuant to clauses (i) and (ii) of subparagraph (A) using data for the most recent year available. (C) For each project, the administering entities shall select the measure determined pursuant to clauses (i) and (ii) of subparagraph (A) yielding the highest ranking. (h) Proposals for student housing projects submitted pursuant to this chapter shall be considered for inclusion in the annual Budget Act or other legislation, subject to an available and sufficient appropriation. (i) (1) Appropriations provided to support a project included in the annual Budget Act or other legislation pursuant to this chapter shall be considered grants to the applicant for purposes of constructing the project. As a condition of receiving funds pursuant to this chapter, the Regents of the University of California, the Trustees of the California State University, or the Board of Governors of the California Community Colleges, or the respective statewide offices for each segment, shall do all of the following: (A) Provide oversight of the project for which funds are appropriated. (B) From the receipt of funds to completion of construction for the project, report annually, beginning on or before July 1 of the year immediately following receipt of funding, to the Department of Finance and the relevant policy and budget committees of the Legislature on the status of the project. At a minimum, these reports shall include data on a project’s cost, funding by source, number of beds for low-income students, rents for low-income student beds, the number of standard rent beds and their associated rents, if applicable, building square footage, and project timeline. For each of these data elements that were included in a project’s application to the state, the reports shall compare the estimates provided in the application to the most recently available estimates. (C) Following completion of the project, report annually, beginning on or before July 1 of the year immediately following completion, for a five-year period to the Department of Finance and the relevant policy and budget committees of the Legislature on the public benefit provided by the project as related to the selection criteria outlined in this chapter. At a minimum, these reports shall include data on a project’s number of beds for low-income students, rents for low-income student beds, the number of standard rent beds and their associated rents, if applicable, annual operating costs and revenues, and housing occupancy rates compared to the campuswide average. For each of these data elements that were included in a project’s application to the state, the reports shall compare the estimates provided in the application to the most recently available estimates. (2) For a community college project funded pursuant to this chapter, the local community college district may perform the oversight and reporting functions required pursuant to subparagraphs (A) to (C), inclusive, of paragraph (1) in lieu of these functions being performed by the Board of Governors of the California Community Colleges or the office of the Chancellor of the California Community Colleges. (j) For purposes of computing the maintenance of effort for the federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (Public Law 116-260), and the federal American Rescue Plan Act of 2021 (Public Law 117-2), these funds shall be considered fully expended in the year in which they are appropriated, and these funds shall be considered need-based financial aid, as the intent of the program is to reduce nontuition costs for students. (k) Notwithstanding any other law, including subdivision (j), reduced housing expenses from student housing provided pursuant to this chapter shall augment and not supplant student financial aid from other public sources, and shall not be considered when calculating eligibility for student financial aid. (l) For the 2022–23 fiscal year, seventeen million nine hundred seventy-four thousand dollars ($17,974,000) is hereby appropriated from the General Fund for the purpose of providing planning grants for California Community Colleges that are exploring or determining if it is feasible to offer affordable student rental housing. (m) The funds appropriated pursuant to subdivision (l) shall be appropriated to the office of the Chancellor of the California Community Colleges, to be allocated to the following California Community Colleges, as follows: (1) One hundred fifty-five thousand dollars ($155,000) for allocation to Chabot College. (2) One hundred fifty-five thousand dollars ($155,000) for allocation to Las Positas College. (3) One hundred eighty thousand dollars ($180,000) for allocation to Contra Costa College. (4) One hundred eighty thousand dollars ($180,000) for allocation to Diablo Valley College. (5) One hundred eighty thousand dollars ($180,000) for allocation to Los Medanos College. (6) One hundred thirty-two thousand dollars ($132,000) for allocation to De Anza College. (7) One hundred thirty-two thousand dollars ($132,000) for allocation to Foothill College. (8) Five hundred eighty thousand dollars ($580,000) for allocation to Ohlone College for two projects. (9) One hundred ten thousand dollars ($110,000) for allocation to Berkeley City College. (10) One hundred ten thousand dollars ($110,000) for allocation to College of Alameda. (11) One hundred ten thousand dollars ($110,000) for allocation to Laney College. (12) One hundred ten thousand dollars ($110,000) for allocation to Merritt College. (13) Two hundred thirty-five thousand dollars ($235,000) for allocation to Evergreen Valley College. (14) Two hundred thirty-five thousand dollars ($235,000) for allocation to San Jose City College. (15) Two hundred thousand dollars ($200,000) for allocation to the College of San Mateo. (16) One hundred fifty thousand dollars ($150,000) for allocation to Solano Community College. (17) Three hundred fourteen thousand dollars ($314,000) for allocation to Cerro Coso Community College. (18) Three hundred fourteen thousand dollars ($314,000) for allocation to Porterville College. (19) One hundred forty-five thousand dollars ($145,000) for allocation to Merced College. (20) Five hundred sixty-four thousand dollars ($564,000) for allocation to Merced College for an intersegmental project with the University of California, Merced. (21) Four hundred forty-nine thousand dollars ($449,000) for allocation to Fresno City College. (22) Four hundred forty-nine thousand dollars ($449,000) for allocation to Madera College. (23) One hundred fifty thousand dollars ($150,000) for allocation to West Hills College Coalinga. (24) Seventy thousand dollars ($70,000) for allocation to Copper Mountain College. (25) One hundred fifty-five thousand dollars ($155,000) for allocation to Mt. San Jacinto College. (26) Five hundred forty thousand dollars ($540,000) for allocation to Moreno Valley College. (27) Five hundred ninety thousand dollars ($590,000) for allocation to Norco College. (28) Four hundred seventy thousand dollars ($470,000) for allocation to Riverside City College. (29) Eight hundred forty-five thousand dollars ($845,000) for allocation to Crafton Hills College. (30) Eight hundred forty-five thousand dollars ($845,000) for allocation to San Bernardino Valley College. (31) Two hundred thousand dollars ($200,000) for allocation to Antelope Valley Community College. (32) Two hundred twenty-five thousand dollars ($225,000) for allocation to Cerritos College. (33) One hundred ten thousand dollars ($110,000) for allocation to El Camino College. (34) One hundred twenty thousand dollars ($120,000) for allocation to Long Beach City College. (35) One hundred ten thousand dollars ($110,000) for allocation to East Los Angeles College. (36) One hundred ten thousand dollars ($110,000) for allocation to Los Angeles City College. (37) One hundred ten thousand dollars ($110,000) for allocation to Los Angeles Harbor College. (38) One hundred ten thousand dollars ($110,000) for allocation to Los Angeles Mission College. (39) One hundred ten thousand dollars ($110,000) for allocation to Los Angeles Pierce College. (40) One hundred ten thousand dollars ($110,000) for allocation to Los Angeles Southwest College. (41) One hundred ten thousand dollars ($110,000) for allocation to Los Angeles Trade Technical College. (42) One hundred ten thousand dollars ($110,000) for allocation to Los Angeles Valley College. (43) One hundred ten thousand dollars ($110,000) for allocation to West Los Angeles College. (44) One hundred fifty thousand dollars ($150,000) for allocation to Cypress College. (45) Fifty thousand dollars ($50,000) for allocation to Pasadena City College. (46) Five hundred thousand dollars ($500,000) for allocation to Rancho Santiago Community College District. (47) Five hundred twenty-two thousand dollars ($522,000) for allocation to Rio Hondo College. (48) One hundred ten thousand dollars ($110,000) for allocation to Santa Monica College. (49) Three hundred twenty-three thousand dollars ($323,000) for allocation to Irvine Valley College. (50) Four hundred eighty-three thousand dollars ($483,000) for allocation to Saddleback College. (51) Five hundred thousand dollars ($500,000) for allocation to Butte College for an intersegmental project with California State University, Chico. (52) Three hundred forty-nine thousand dollars ($349,000) for allocation to Feather River College. (53) One hundred ten thousand dollars ($110,000) for allocation to American River College. (54) One hundred ten thousand dollars ($110,000) for allocation to Cosumnes River College. (55) One hundred ten thousand dollars ($110,000) for allocation to Folsom Lake College. (56) One hundred ten thousand dollars ($110,000) for allocation to Sacramento City College. (57) Two hundred fifty thousand dollars ($250,000) for allocation to Mendocino College. (58) One hundred fifty-five thousand dollars ($155,000) for allocation to Shasta College. (59) One hundred fifty-five thousand dollars ($155,000) for allocation to Cuyamaca College. (60) One hundred fifty-five thousand dollars ($155,000) for allocation to Grossmont College. (61) One hundred fifty thousand dollars ($150,000) for allocation to MiraCosta College. (62) Eight hundred twenty thousand dollars ($820,000) for allocation to Palomar College. (63) Three hundred forty-four thousand dollars ($344,000) for allocation to San Diego City College. (64) Six hundred eighteen thousand dollars ($618,000) for allocation to Southwestern College for five projects. (65) One hundred eighty-five thousand dollars ($185,000) for allocation to Allan Hancock College. (66) Two hundred forty-two thousand dollars ($242,000) for allocation to Cabrillo Community College. (67) Three hundred twenty-five thousand dollars ($325,000) for allocation to Hartnell College. (68) One hundred fifty thousand dollars ($150,000) for allocation to Santa Barbara City College. (69) Two hundred fifty thousand dollars ($250,000) for allocation to Moorpark College. (70) Two hundred forty-nine thousand dollars ($249,000) for allocation to Oxnard College. (n) Commencing with the 2023–24 fiscal year all of the following shall apply: (1) (A) The General Fund support for the grants provided to campuses of the University of California and the California State University, as listed in this section pursuant to Chapters 54 and 572 of the Statutes of 2022, shall revert to the General Fund and the project grants shall instead be funded by revenue bonds issued by the University of California and the California State University. (B) In addition to the funding for projects pursuant to subparagraph (A) for the University of California, the University of California shall fund construction grants using revenue bond funding issued by the University of California for both of the following projects: (i) Forty-three million dollars ($43,000,000) for allocation to the University of California, Davis, for the Segundo Infill Student Housing project. (ii) Forty-three million dollars ($43,000,000) for allocation to the University of California, Santa Barbara, for the East Campus Student Housing project. (C) In addition to the funding for projects pursuant to subparagraph (A) for the University of California, the University of California shall allocate funding for capital outlay planning and construction to finance all of the following projects: (i) One hundred twenty-six million dollars ($126,000,000) for allocation to the University of California, Riverside, for an intersegmental project with Riverside City College. (ii) One hundred million dollars ($100,000,000) for allocation to the University of California, Merced, for an intersegmental project with Merced College. (iii) One hundred eleven million seven hundred eighty-seven thousand dollars ($111,787,000) for allocation to the University of California, Santa Cruz, for an intersegmental project with Cabrillo Community College. (D) (i) In addition to the funding for projects pursuant to subparagraph (A) for the California State University, the California State University shall fund construction grants using revenue bond funding issued by the California State University for all of the following projects: (I) Eighty-nine million one hundred thousand dollars ($89,100,000) for allocation to the California State University, San Jose. (II) Forty-one million three hundred forty thousand dollars ($41,340,000) for allocation to the California State University, Sacramento. (III) Eighteen million eight hundred fifty thousand dollars ($18,850,000) for allocation to the California State University, Stanislaus. (ii) The California State University shall use seven million four hundred eighty-nine thousand dollars ($7,489,000) in revenue bond funding issued by the California State University to fund cost overruns associated with approved project grants described in subparagraph (A). (E) Projects funded by revenue bond funds pursuant to this paragraph shall meet all requirements of this chapter. (2) (A) The General Fund support for the grants provided to campuses of the California Community Colleges, as listed in this section pursuant to Chapters 54 and 572 of the Statutes of 2022, shall revert to the General Fund, and the grants may instead be funded by local financing issued by community college districts for specified projects. A community college that has already received an allocation of resources shall revert those General Fund resources upon the community college’s receipt of proceeds derived from amounts borrowed by the State Public Works Board pursuant to any financing program established to support community college affordable student housing projects, or upon the appropriation of funds related to fulfilling the community college’s obligation to revert the allocation it received pursuant to Chapters 54 and 572 of the Statutes of 2022. (B) In addition to the funding for projects pursuant to subparagraph (A), the California Community Colleges may fund construction grants using local financing issued by community college districts for all of the following projects: (i) Seventy-five million dollars ($75,000,000) for allocation to San Diego City College. (ii) Sixty-seven million nine hundred ninety-five thousand dollars ($67,995,000) for allocation to Cerritos College. (iii) Fifty-five million eight hundred fifty-four thousand dollars ($55,854,000) for allocation to the College of San Mateo. (iv) Twenty-eight million four hundred fifteen thousand dollars ($28,415,000) for allocation to the College of the Redwoods. (C) In addition to the funding for projects pursuant to subparagraphs (A) and (B), the California Community Colleges may fund construction grants using local financing issued by local community college districts for an additional eighty-one million three hundred forty-three thousand dollars ($81,343,000), subject to future legislation. (D) Projects funded by local financing pursuant to this paragraph shall meet all requirements of this chapter. (o) Any project receiving a grant pursuant to this section shall deliver, at a minimum, the number of beds for low-income students specified in its application when it was approved by the state. Rents for these beds shall not exceed the rates assumed in the project’s application. A project may deliver more beds or charge lower rents than assumed in its application if financially feasible. (p) Intersegmental projects funded through the University of California shall divide the number of beds for low-income students between the participating campuses as specified in the Higher Education Student Housing Grant Program application approved by the state and further defined in the subsequent operating agreements between each University of California campus and the California Community College district partnership. (q) It is the intent of the Legislature that no later than the Budget Act of 2024, a statewide lease revenue bond or other statewide financing or fiscal approach be developed and included to support community college affordable student housing projects that have been approved pursuant to this section. (Amended by Stats. 2025, Ch. 9, Sec. 1. (AB 123) Effective June 27, 2025.)

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