Section 1859.73.2 - New Construction Additional Grant for Replaced Facilities(a) In addition to any other funding authorized by these Regulations, the Board shall provide funding for the amount(s) in (b) below for the replacement cost of single-story building(s) that are demolished at a school and replaced with multistory building(s) in order to increase pupil capacity of that school if all the following conditions are met:(1) The site size as determined by the CDE for the existing capacity of the school is less than 75 percent of the recommended CDE site size.(2) The pupil capacity of the school must be increased by at least the greater of (A) or (B) below: (A) Twenty percent of the existing permanent single-story pupil capacity (before replacement) of the school. Existing permanent single-story pupil capacity shall be determined by multiplying classrooms contained within single-story permanent buildings intended for grades kindergarten through six by 25, classrooms intended for grades seven through 12 by 27, classrooms intended for Non-Severely Disabled Individuals with Exceptional Needs by 13 and classrooms intended for Severely Disabled Individuals with Exceptional Needs by nine. Classrooms shall not include any classrooms reduced from the Gross Classroom Inventory pursuant to Section 1859.32.(3) The sum of (A) and (B) below is less than the sum of (E) and (F) below: (A) Determine the estimated cost of demolition of the single-story building(s) to be replaced. The cost estimate shall be subject to review by the OPSC for conformance with the Current Construction Costs publication by the Sierra West Group.(B) Multiply the total square footage of the proposed multistory replacement building(s) by the Current Replacement Cost.(C) Multiply the pupil capacity as determined in (a)(2) by .01775 for K-6, .021 for 7-8 and .02472 for 9-12. For purposes of this calculation, assign Severely Disabled Individuals with Exceptional Needs and Non-Severely Disabled Individuals with Exceptional Needs pupil grants requested on Form SAB 50-04 as either K-6, 7-8 or 9-12 based on the type of project selected by the district on Form SAB 50-04.(D) Determine the average value of land per acre as follows: 1. Previous actual site acquisition costs within the district's boundaries. If unable to reference prior OPSC-reviewed and approved projects at the time of application submittal, the district should submit documentation for review that complies with Section 1859.74.2. Applications submitted with a separate certification letter, signed by the authorized district representative, certifying there are no site acquisitions as required in 1. above, must use one of the following calculation methods: a. A complete appraisal or a preliminary appraisal of property in the General Location of the school site made or updated within six months from the Approved Application submittal date to the OPSC, using the guidelines outlined in Section 1859.74.1. The preliminary appraisal may be made without access to the property.b. The Median Cost of an acre of land in the General Location of the school site using historical information from the General Location. Historical information that may be considered to determine land cost shall include prior real estate sales consummated and documented by the county recorder or pending real estate sales documented by a title insurance company's escrow instructions. For purposes of historical information, include all real estate sales consummated and documented by the county recorder for a minimum of six months and a maximum of up to two years prior to the date the Approved Application was submitted to the OPSC. Relocation expenses, for this method, will be calculated based upon OPSC historical data.(E) Multiply the sums of the products determined in (C) above by the average value of land per acre determined in (D) above.(F) Multiply the square footage of this single-story building(s) to be replaced by the Current Replacement Cost, then subtract this product from the amount determined in (a)(3)(B) above.(4) The CDE has determined that the replacement of the single-story building(s) on the existing site with multistory building(s) would be the best available alternative and will not create a school with an inappropriate number of pupils in relation to the size of the site.(5) The single-story building(s) to be replaced on the existing site may not be leased facilities and/or classrooms excluded pursuant to Education Code Section 17071.30(b). Portable classrooms that were included in the classroom capacity as identified on Line 1, Part III, of the Form SAB 50-02 may be replaced.(6) With the exception of portables acquired with Class Size Reduction funds, the single-story building(s) to be replaced on the site may not have been funded for either new construction or modernization with funds from Proposition 1A or subsequent SFP bonds.(b) If the criteria in (a) are met, the additional funding is determined by multiplying $173.30 per square foot for Toilet Facilities and by $96.30 per square foot for all other facilities included in the single-story building(s) to be replaced adjusted for the following:(1) The amounts shall be adjusted in the manner prescribed in Section 1859.71.(2) The amounts shall be increased by the percentage authorized in Section 1859.73, as appropriate. The district is eligible for site development in accordance with Section 1859.76 including the demolition of the replacement structures as part of the SFP project.
Cal. Code Regs. Tit. 2, § 1859.73.2
1. New section filed 7-25-2001; operative 7-25-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 30).
2. Amendment of subsection (a)(4)(C) filed 8-13-2001; operative 8-13-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 33).
3. Amendment of subsection (a)(4)(C) filed 4-10-2002; operative 4-10-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 15).
4. Amendment of subsection (a)(4)(C) filed 5-2-2002; operative 6-1-2002 (Register 2002, No. 18).
5. Amendment of subsections (a)(4)(C) and (b) and amendment of NOTE filed 8-12-2002 as an emergency; operative 8-12-2002 (Register 2002, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-10-2002 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section heading and section filed 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). Pursuant to Education Code section 17070.35 a Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 8-12-2002 order transmitted to OAL 12-3-2002 and filed 1-16-2003 (Register 2003, No. 3).
8. Amendment of subsection (b)(1) filed 8-25-2003 as an emergency; operative 8-25-2003 (Register 2003, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-23-2003 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
10. Reinstatement of section as it existed prior to 8-25-2003 emergency amendment by operation of Government Code section 11346.1(f) (Register 2004, No. 9).
11. Amendment of subsection (b)(1) filed 12-20-2004 as an emergency; operative 12-20-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-19-2005 or emergency language will be repealed by operation of law on the following day.
12. Amendment filed 3-2-2005; operative 3-2-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 9).
13. Certificate of Compliance as to 12-20-2004 order transmitted to OAL 4-19-2005 and filed 5-12-2005 (Register 2005, No. 19).
14. Amendment of subsections (a)(2)(A) and (a)(5) filed 11-3-2006; operative 11-3-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 44).
15. Amendment of subsection (a)(3)(A) filed 11-20-2014; operative 1-1-2015 (Register 2014, No. 47). Note: Authority cited: Section 17070.35, Education Code. Reference: Sections 17071.46 and 17074.56, Education Code.
1. New section filed 7-25-2001; operative 7-25-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 30).
2. Amendment of subsection (a)(4)(C) filed 8-13-2001; operative 8-13-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 33).
3. Amendment of subsection (a)(4)(C) filed 4-10-2002; operative 4-10-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 15).
4. Amendment of subsection (a)(4)(C) filed 5-2-2002; operative 6-1-2002 (Register 2002, No. 18).
5. Amendment of subsections (a)(4)(C) and (b) and amendment of Note filed 8-12-2002 as an emergency; operative 8-12-2002 (Register 2002, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-10-2002 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section heading and section filed 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). Pursuant to Education Code section 17070.35 a Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 8-12-2002 order transmitted to OAL 12-3-2002 and filed 1-16-2003 (Register 2003, No. 3).
8. Amendment of subsection (b)(1) filed 8-25-2003 as an emergency; operative 8-25-2003 (Register 2003, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-23-2003 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
10. Reinstatement of section as it existed prior to 8-25-2003 emergency amendment by operation of Government Code section 11346.1(f) (Register 2004, No. 9).
11. Amendment of subsection (b)(1) filed 12-20-2004 as an emergency; operative 12-20-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-19-2005 or emergency language will be repealed by operation of law on the following day.
12. Amendment filed 3-2-2005; operative 3-2-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 9).
13. Certificate of Compliance as to 12-20-2004 order transmitted to OAL 4-19-2005 and filed 5-12-2005 (Register 2005, No. 19).
14. Amendment of subsections (a)(2)(A) and (a)(5) filed 11-3-2006; operative 11-3-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 44).
15. Amendment of subsection (a)(3)(A) filed 11-20-2014; operative 1/1/2015 (Register 2014, No. 47).