Section 1859.193 - Career Technical Education Facilities Grant DeterminationA Career Technical Education Facilities Project may construct a new facility or modernize or Reconfigure an existing school building. The Application for Career Technical Education Facility funding may accompany an Application for new construction funding pursuant to Section 1859.70 or may be submitted independently.
The applicant must identify square footage of the Career Technical Education Facility being constructed, modernized, reconfigured or equipped, on the funding Application. Equipment purchased under the Career Technical Education Facilities Program must have an average useful life expectancy of at least ten years pursuant to Education Code 17078.72(a). An Application for a Career Technical Education Facilities Project may consist entirely of equipment. All equipment must be purchased on or after May 20, 2006, unless the Career Technical Education Facilities Project is combined with a qualifying SFP new construction project pursuant to Section 1859.193.1.
(a) For new construction of a Career Technical Education Facilities Project included in a qualifying New Construction Grant, the Career Technical Education Facilities grant amount shall be the lesser of either (1) or (2):(1) The sum of the costs uniquely related to facilities required to provide Career Technical Education as determined below: (A) 50 percent of the cost of construction of the Career Technical Education Facilities Project, as determined by the project architect, subject to OPSC review and approval.(B) 50 percent of the cost to equip the Career Technical Education Facilities Project with necessary equipment.(C) For public works projects awarded on January 1, 2012 through June 19, 2014, the prevailing wage monitoring and enforcement costs as prescribed in Section 1859.71.4(c), if required by the Labor Code.(D) Minus an allowance for New Construction Grants provided for Career Technical Education classrooms, determined by:1. Multiplying 960 square feet by the number of classrooms in the Career Technical Education Facilities Project that were included in the New Construction project.2. Multiplying the amount determined in (a)(1)(D)1 by 50 percent of the Current Replacement Cost for non-Toilet Facilities.(2) $3 million per Career Technical Education Facilities Project.(3) Site development work is not allowed as part of a Career Technical Education Facilities Project included in a New Construction Grant. Site development work necessary pursuant to Section 1859.76, may be requested by the district under the qualifying SFP New Construction.(4) Pursuant to Labor Code Section 1771.3 in effect on January 1, 2012 through June 19, 2014, any public works project paid in whole or in part from public funds that are derived from bonds issued by the State and for which the construction contract is awarded on January 1, 2012 through June 19, 2014, is subject to DIR monitoring and enforcement of compliance with applicable prevailing wage requirements, unless the project is exempt from this requirement pursuant to Labor Code Section 1771.3(b) in effect on January 1, 2012 through June 19, 2014.(5) Any school district failing to meet the requirements of (a)(4) shall return to the State any State funding for the project, 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 the Chapter 4 (commencing with Section 16720), of Part 3 of Division 4 of Title 2 of the Government Code, whichever is greater. Interest to be returned shall be calculated from the date at which funds were received by the school district until the date of the Board's finding.(6) If the DIR revokes the district's internal LCP's approval and the district fails to provide appropriate prevailing wage monitoring through the DIR or other exemptions as specified in Labor Code Section 1771.3 in effect on January 1, 2012 through June 19, 2014, the school district shall return to the State any State funding received for the project, including interest, as calculated in subsection (a)(5) above, for any construction projects for which the violations occurred.(b) For stand-alone new construction of a Career Technical Education Facilities Project, the grant amount shall be the lesser of either (1) or (2): (1) The sum of the costs uniquely related to facilities required to provide Career Technical Education as determined below: (A) 50 percent of the cost of construction of the Career Technical Education Facilities Project, as determined by the project architect, subject to OPSC review and approval.(B) 50 percent of the cost to equip the Career Technical Education Facilities Project with necessary equipment.(C) 50 percent of site development work that meets the following criteria: 1. It is necessary and applicable to the Career Technical Education Facilities Project.2. It meets the requirements for site development costs as outlined in Section 1859.76.(D) For public works projects awarded on January 1, 2012 through June 19, 2014, the prevailing wage monitoring and enforcement costs as prescribed in Section 1859.71.4(c), if required by the Labor Code.(2) $3 million per Career Technical Education Facilities Project.(3) If the district is requesting funding for site development work applicable to the Career Technical Education Facilities Project, the district must submit a detailed cost estimate and appropriate DSA approved plans with the Form SAB 50-10. The cost estimate must include appropriate justification documents that indicate the work is necessary to complete the Career Technical Education Facilities Project and conform to the requirements in Section 1859.76.(4) Utility service(s) cost shall be prorated, if necessary, for any excess capacity not needed to service the Career Technical Education Facilities Project.(5) Pursuant to Labor Code Section 1771.3 in effect on January 1, 2012 through June 19, 2014, any public works project paid in whole or in part from public funds that are derived from bonds issued by the State and for which the construction contract is awarded on January 1, 2012 through June 19, 2014, is subject to DIR monitoring and enforcement of compliance with applicable prevailing wage requirements, unless the project is exempt from this requirement pursuant to Labor Code Section 1771.3(b) in effect on January 1, 2012 through June 19, 2014.(6) Any school district failing to meet the requirements of (b)(5) shall return to the State any State funding for the project, 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 the Chapter 4 (commencing with Section 16720), of Part 3 of Division 4 of Title 2 of the Government Code, whichever is greater. Interest to be returned shall be calculated from the date at which funds were received by the school district until the date of the Board's finding.(7) If the DIR revokes the district's internal LCP's approval and the district fails to provide appropriate prevailing wage monitoring through the DIR or other exemptions as specified in Labor Code Section 1771.3 in effect on January 1, 2012 through June 19, 2014, the school district shall return to the State any State funding received for the project, including interest, as calculated in subsection (b)(6) above, for any construction projects for which the violations occurred.(c) For Modernization of a Career Technical Education Facilities Project, the grant amount shall be the lesser of either (1) or (2):(1) The sum of the costs uniquely related to facilities required to provide Career Technical Education Facilities Project as determined below: (A) 50 percent of the cost to modernize or Reconfigure the Career Technical Education Facilities, as determined by the project architect, subject to OPSC review and approval.(B) 50 percent of the cost to equip the Career Technical Education Facilities with necessary equipment.(C) For public works projects awarded on or after January 1, 2012, the prevailing wage monitoring and enforcement costs as prescribed in Section 1859.71.4(c), if required by the Labor Code.(2) $1.5 million per Career Technical Education Facilities Project.(3) Reconfiguring an existing school building must not displace a minimum essential facility. In any case involving the replacement of a minimum essential facility due to the reconfiguration of an existing building, the replacement must be part of the plans submitted in support of the Career Technical Education Facilities Application, must occur concurrently, and cannot be part of a SFP Application for new construction.(4) Utility service(s) cost shall be prorated, if necessary, for any excess capacity not needed to service the Career Technical Education Facilities Project.(5) Pursuant to Labor Code Section 1771.3 in effect on January 1, 2012 through June 19, 2014, any public works project paid in whole or in part from public funds that are derived from bonds issued by the State and for which the construction contract is awarded on January 1, 2012 through June 19, 2014, is subject to DIR monitoring and enforcement of compliance with applicable prevailing wage requirements, unless the project is exempt from this requirement pursuant to Labor Code Section 1771.3(b) in effect on January 1, 2012 through June 19, 2014.(6) Any school district failing to meet the requirements of subsection (c)(5) above, shall return to the State any State funding for the project, 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 the Chapter 4 (commencing with Section 16720), of Part 3 of Division 4 of Title 2 of the Government Code, whichever is greater. Interest to be returned shall be calculated from the date at which funds were received by the school district until the date of the Board's finding.(7) If the DIR revokes the district's internal LCP's approval and the district fails to provide appropriate prevailing wage monitoring through the DIR or other exemptions as specified in Labor Code Section 1771.3 in effect on January 1, 2012 through June 19, 2014, the school district shall return to the State any State funding received for the project, including interest, as calculated in subsection (c)(6) above, for any construction projects for which the violations occurred.(d) If an applicant meets the eligibility criteria in Section 1859.192, but does not have the necessary approvals from the DSA and/or the CDE at the time of Apportionment, the Board may apportion funds for the Career Technical Education Facilities Project and reserve them for a period of up to 12 months. The grant amount to be reserved for the project will be the maximum funding as determined above in (a), (b), or (c).(e) Funding provided as prescribed in Section 1859.71.6 and Section 1859.77.4 shall not be affected by the maximum funding determinations listed above.Cal. Code Regs. Tit. 2, § 1859.193
1. New section filed 7-13-2007 as an emergency; operative 7-13-2007 (Register 2007, No. 28). Pursuant to Education Code section 17078.72(k) a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of HISTORY 1 (Register 2007, No. 52).
3. Certificate of Compliance as to 7-13-2007 order, including amendment of second paragraph and subsection (b), transmitted to OAL 3-18-2008 and filed 4-29-2008 (Register 2008, No. 18).
4. Amendment of section and NOTE filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-26-2012 order transmitted to OAL 8-21-2012 and filed 10-2-2012 (Register 2012, No. 40).
6. New subsection (e) and amendment of NOTE filed 10-23-2012; operative 10-23-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 43).
7. Amendment of first paragraph and subsection (d) filed 8-19-2014; operative 10-1-2014 (Register 2014, No. 34).
8. Amendment of subsections (a)(1)(C), (a)(4), (a)(6), (b)(1)(D), (b)(5), (b)(7), (c)(5) and (c)(7) and amendment of NOTE filed 11-3-2015; operative 1-1-2016 (Register 2015, No. 45). Note: Authority cited: Sections 17070.35, 17078.72(k) and 17078.72(l), Education Code. Reference: Sections 17078.72 and 17250.30, Education Code; and Section 1771.3 in effect on January 1, 2012 through June 19, 2014, Labor Code.
1. New section filed 7-13-2007 as an emergency; operative 7-13-2007 (Register 2007, No. 28). Pursuant to Education Code section 17078.72(k) a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2007, No. 52).
3. Certificate of Compliance as to 7-13-2007 order, including amendment of second paragraph and subsection (b), transmitted to OAL 3-18-2008 and filed 4-29-2008 (Register 2008, No. 18).
4. Amendment of section and Note filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-26-2012 order transmitted to OAL 8-21-2012 and filed 10-2-2012 (Register 2012, No. 40).
6. New subsection (e) and amendment of Note filed 10-23-2012; operative 10-23-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 43).
7. Amendment of first paragraph and subsection (d) filed 8-19-2014; operative 10/1/2014 (Register 2014, No. 34).
8. Amendment of subsections (a)(1)(C), (a)(4), (a)(6), (b)(1)(D), (b)(5), (b)(7), (c)(5) and (c)(7) and amendment of Note filed 11-3-2015; operative 1/1/2016 (Register 2015, No. 45).