Cal. Code Regs. tit. 2 § 1859.76

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 1859.76 - New Construction Additional Grant for Site Development Costs

In addition to any other funding authorized by these Regulations, the Board shall provide funding equal to 50 percent of the following approved site development and applicable design costs:

(a) Service site development cost, within school property lines for:

(1) Site clearance including the removal of trees, brush, and debris.

(2) Demolition and removal of existing buildings and site improvements which lie in the footprint of a proposed building or proposed site development.

(3) Removal and rerouting of existing utility service which lie in the footprint of a proposed building or proposed site development.

(4) Rough grading including cut and fill, and leveling and terracing operations required in the design of the project.

(5) Soil compaction adhering to common engineering practices and engineered fill that is required by a soils report that is available for review by the OPSC.

(6) On-site drainage facilities including inlets below grade drainage facilities and retention basins.

(7) Erosion control improvements such as plant material, temporary sprinkler systems, jute mesh and straw, due to embankments having a slope of at least two to one and a vertical height greater than six feet.

(8) Outside stairways, handicap ramps and retaining walls due to embankments having a slope of at least two to one and a vertical height greater than six feet.

(9) Relocation of existing portable buildings which lie in the footprint of a proposed building or proposed site development including the cost for set-up and utilities if the portable will be relocated on the same site. If the portable will be moved to another site, only the costs to move the portable to the new location.

(10) Fire code requirements on site that are not a part of the building.

(11) Funding for parking structures on a new construction project when all the following have been met:

(A) The new construction project will be located on site acreage that is less than 50 percent of the site size recommended by the CDE for the master planned project capacity.

(B) The number of parking stalls to be funded does not exceed 2.25 for each classroom constructed in an elementary or middle school project.

(C) The number of parking stalls to be funded does not exceed six for each high school classroom constructed in a high school project that will serve 9-12 pupils.

(D) The state grant does not exceed $7,500 per parking stall. The amount shown shall be adjusted annually in the manner prescribed in Section 1859.71.

(E) The parking structure is any of the following:

1. It is multilevel and has at least two floors of parking space.

2. It is single level with site development above the single level parking space.

3. It is single level that is subterranean or below ground level with site development above the single level parking space.

4. It is single level with buildings above the single level parking space.

(12) Removal and relocation of portable classrooms on a site eligible for replacement funding pursuant to Sections 1859.82.1 or 1859.82.2 that are available for housing pupils pursuant to Section 1859.35(a).

(b) Off-site development cost on up to two immediately adjacent sides of the site, for the following:

(1) Curbs, gutters and paving of streets not to exceed one-half the mandated local street code requirements. When the existing streets are to be widened inward toward the property line from the existing face of the curb, all new street improvements lying within the one-half of mandated street width adjacent to the project.

(2) Sidewalks mandated by local ordinances.

(3) Street lighting, planting areas, street signs, traffic signals, trees or other costs mandated by local ordinances.

(4) City and/or county or special district fees pursuant to active ordinances.

(5) Reasonable cost for storm drains to point of connection.

(6) Funding for safety paths for pedestrian use beyond two immediately adjacent sides of the site necessary for a safe route to the new school site when the following conditions are met:

(A) The school district governing board has made a finding at a public hearing that pedestrian safety concerns require improvements in the form of safety paths to provide access to the school site, and the Department of Education concurs with that finding.

(B) The improvements are limited to the work necessary to install concrete, asphalt, gravel or other paving necessary to provide the safe paths.

(C) The state grant does not exceed $50,000.

(D) The improvements do not include any cost for the acquisition of land, easements or other rights-of-way.

(E) The SAB has determined that development of additional pedestrian paths is reasonable.

(c) Utility service costs associated with the CDE approved site size that are necessary to serve the master planned capacity of the site as follows:

(1) Water: Installation of water supply line(s) and connection fees from the utility company connection to the meter, meters not provided by the serving utility, or installation of a domestic water system (i.e. well, pump, tank).

(2) Sewage: Installation of main sewage disposal line from the utility company connection to the first building lateral and if applicable, connection fees. Installation of a sewage treatment/disposal system and a main disposal line from the treatment system to the nearest building lateral of the collection system.

(3) Gas: Installation of main supply line and connection fees from utility company to meter and connection fee if applicable. Installation of meters not provided by the utility. Connection of a liquefied petroleum system (and tank) from the main supply line to the first building lateral.

(4) Electric: Installation of service from the utility to the building switchboard. Primary electric service runs from the utility company's point of connection to the transformer. Secondary electric service runs from the transformer to the switchboard. Connection fee, transformer pads and protective devices.

(5) Communication systems: Installation of service from the company to the nearest distribution center.

(d) General Site Development costs within school property lines for an addition to an existing school site project wherein additional acreage is acquired, with the exception of existing school site acreage that is leased pursuant to Section 1859.22, or a new school project, determined as follows:

(1) $19,200 per Useable Acre as approved by the CDE. This sum may be increased by the percentage identified in Section 1859.83(b). The per acre amount shown above shall be adjusted annually in the manner prescribed in Section 1859.71.

(2) 6 percent of the State and district share for Elementary School Pupils and Middle School Pupils and 3.75 percent of the State and district share for High School Pupils of the New Construction Grant. For purposes of this calculation, the percentage amount for Severely Disabled Individuals with Exceptional Needs and Non-Severely Disabled Individuals with Exceptional Needs pupils shall be based on the type of project selected by the district on the Form SAB 50-04.

(3) 6 percent of the State and district share for Elementary School Pupils and Middle School Pupils and 3.75 percent of the State and district share for High School Pupils of the funding provided by Sections 1859.71.2, 1859.72, 1859.73, 1859.73.2, 1859.82.1(b)(4)(A)1., 1859.82.1(b)(4)(B), 1859.82.1(b)(4)(C), 1859.82.2(b)(4)(A), 1859.82.2(b)(4)(B), 1859.83(a), (b) and (c) and 1859.125(a)(1) through (a)(2).

Subsection (d) of this section shall be suspended no later than January 1, 2026, unless otherwise extended by amendments as adopted by the Board.

The district must submit a detailed cost estimate for all requests for site development work, with the exception of General Site Development, and any justification documents that will support the work with the Form SAB 50-04.

The Board will approve reasonable and appropriate site development work which meets common engineering practices and industry standards that are consistent with the specific site conditions if the site development costs are consistent with the most current edition of the Current Construction Costs publication by the Sierra West Group. The design professional must certify to the district that the site development work does not exceed the minimum requirements to develop the site to meet educational needs and/or standards.

General Site Development provided pursuant to 1859.76(d)(1), service site and off-site development costs shall be reduced, on a prorated basis, by the percentage of the excess acreage of the site that exceeds the master plan site acreage approved by the CDE.

Cal. Code Regs. Tit. 2, § 1859.76

Note: Authority cited: Section 17070.35, Education Code. Reference: Sections 17070.35, 17072.12 and 17072.35, Education Code.

Note: Authority cited: Section 17070.35, Education Code. Reference: Sections 17070.35, 17072.12 and 17072.35, Education Code.

1. New section filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-2-99 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-31-99 as an emergency; operative 3-31-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-29-99 or emergency language will be repealed by operation of law on the following day.
3. Amendment of antepenultimate paragraph filed 7-12-99 as an emergency; operative 7-12-99 (Register 99, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-99 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 7-29-99 as an emergency; operative 7-29-99 (Register 99, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-26-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-29-99 order, including amendment of section, transmitted to OAL 8-26-99 and filed 10-8-99 (Register 99, No. 41).
6. Certificate of Compliance as to 7-12-99 order, including further amendments, transmitted to OAL 11-5-99 and filed 12-22-99 (Register 99, No. 52).
7. New subsections (a)(11)-(a)(11)(D) filed 3-13-2000; operative 4-12-2000 (Register 2000, No. 11).
8. New subsection (a)(12) and amendment of subsections (c) and (c)(5) filed 6-26-2000; operative 6-26-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
9. Amendment of antepenultimate paragraph filed 7-17-2000 as an emergency; operative 7-17-2000 (Register 2000, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-14-2000 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 7-17-2000 order transmitted to OAL 11-9-2000 and filed 12-27-2000 (Register 2000, No. 52).
11. Amendment of section heading and subsection (c)(5) filed 1-2-2001 as an emergency; operative 1-2-2001 (Register 2001, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-2001 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 1-2-2001 order transmitted to OAL 5-1-2001 and filed 6-13-2001 (Register 2001, No. 24).
13. Amendment of antepenultimate paragraph filed 7-25-2001; operative 7-25-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 30).
14. Amendment of subsection (c)(5) filed 8-13-2001; operative 8-13-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 33).
15. Amendment of subsection (c)(5) filed 4-10-2002; operative 4-10-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 15).
16. Amendment of antepenultimate paragraph filed 5-2-2002; operative 6-1-2002 (Register 2002, No. 18).
17. Amendment of antepenultimate paragraph 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.
18. Amendment of first, antepenultimate and penultimate paragraphs 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.
19. Certificate of Compliance as to 8-12-2002 order transmitted to OAL 12-3-2002 and filed 1-16-2003 (Register 2003, No. 3).
20. Amendment of subsection (a)(11) and new subsections (a)(11)(E)-(a)(11)(E)4. filed 2-6-2003; operative 2-6-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 6).
21. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
22. New subsections (d)-(d)(3) and amendment of antepenultimate and last paragraphs filed 9-5-2006 as an emergency; operative 9-5-2006 (Register 2006, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-3-2007 or emergency language will be repealed by operation of law on the following day.
23. Certificate of Compliance as to 9-5-2006 order, including further amendment of subsections (d)-(d)(3), transmitted to OAL 1-3-2007 and filed 2-16-2007 (Register 2007, No. 7).
24. Amendment of subsection (d)(3) filed 3-3-2008 as an emergency; operative 3-3-2008 (Register 2008, No. 10). A Certificate of Compliance must be transmitted to OAL by 9-2-2008 or emergency language will be repealed by operation of law on the following day.
25. Certificate of Compliance as to 3-3-2008 order transmitted to OAL 6-9-2008 and filed 7-10-2008 (Register 2008, No. 28).
26. Amendment of subsection (d)(3) filed 9-18-2009; operative 9-18-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 38).
27. Amendment of subsection (d)(3) filed 4-8-2010; operative 4-8-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 15).
28. Amendment of subsection (d)(3) filed 4-27-2011; operative 4-27-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17).
29. Amendment of subsection (d)(3) filed 12-28-2011; operative 12-28-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 52).
30. Amendment of subsection (d)(3) filed 10-30-2013; operative 1-1-2014 (Register 2013, No. 44).
31. Amendment of penultimate paragraph filed 11-20-2014; operative 1/1/2015 (Register 2014, No. 47).
32. Amendment of subsection (d)(3) filed 2-9-2015; operative 4/1/2015 (Register 2015, No. 7).
33. Amendment of subsection (d)(3) filed 12-21-2015; operative 12/21/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
34. Amendment of subsection (d)(3) filed 12-12-2016; operative 12/12/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 51).
35. Amendment of subsection (d) filed 12-20-2017; operative 12/20/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 51).
36. Amendment of subsection (d)(3) filed 12-18-2018; operative 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 51).
37. Amendment of subsections (a)(12) and (d)(3) filed 8-31-2020 as an emergency; operative 8/31/2020 (Register 2020, No. 36). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 6-29-2021 or emergency language will be repealed by operation of law on the following day.
38. Certificate of Compliance as to 8-30-2020 order transmitted to OAL 5-5-2021 and filed 6/16/2021 (Register 2021, No. 25).
39. Amendment of subsection (d) filed 12-18-2023 as an emergency; operative 12/18/2023 (Register 2023, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-17-2024 or emergency language will be repealed by operation of law on the following day.
40. Certificate of Compliance as to 12-18-2023 order transmitted to OAL 4-29-2024 and filed 5/14/2024 (Register 2024, No. 20).