Header:
CALIFORNIA CODE OF REGULATIONS
TITLE 2. ADMINISTRATION
DIVISION 2. FINANCIAL OPERATIONS
CHAPTER 3. DEPARTMENT OF GENERAL SERVICES
SUBCHAPTER 4. OFFICE OF PUBLIC SCHOOL CONSTRUCTION
GROUP 1. STATE ALLOCATION BOARD
SUBGROUP 5.5. REGULATI
Date:
03/21/2014
Document:
ยง 1859.82. Facility Hardship
A district is eligible for facility hardship funding to replace or construct new classrooms and related facilities if the district demonstrates there is an unmet need for pupil housing or the condition of the facilities, or the lack of facilities, is a threat to the health and safety of the pupils. A facility hardship is available for:
(a) New classrooms and/or subsidiary facilities (corridors, toilets, kitchens and other non-classroom space) or re-placement facilities if either (1) or (2) are met:
(1) The facilities are needed to ensure the health and safety of the pupils if the district can demonstrate to the satisfaction of the Board that the health and safety of the pupils is at risk. Factors to be considered by the Board shall include the close proximity to a major freeway, airport, electrical facility, high power transmission lines, dam, pipeline, industrial facility, adverse air quality emission or other health and safety risks, including structural deficiencies required by the DSA to be repaired, seismic mitigation of the Most Vulnerable Category 2 Buildings as verified by the DSA, traffic safety or because the pupils reside in remote areas of the district and transportation to existing facilities is not possible or poses a health and safety risk. The total available funding for seismic mitigation related and ancillary costs for the Most Vulnerable Category 2 Buildings is $ 199.5 million.
(A) If the request is for replacement facilities, a cost/benefit analysis must be prepared by the district and sub-mitted to the OPSC that indicates the total costs to remain in the classroom or related facility and mitigate the problem is at least 50 percent of the Current Replacement Cost of the classroom or related facility. The cost/benefit analysis may include applicable site development costs as outlined in Section 1859.76. The cost/benefit analysis shall not include increased costs associated with high performance related costs or components, with the exception of those high performance components that were pre-existing in the classroom or related facility. If the cost to remain in the classroom or related facility is less than 50 percent of the Current Replacement Cost, the district may qualify for either grant below, as applicable:
1. Modernization Excessive Cost Hardship Grant for Rehabilitation Costs pursuant to Section 1859.83(e), or
2. A grant not to exceed 50 percent of the cost estimate that has been reviewed and approved by the OPSC and approved by the board for seismic rehabilitation.
(B) If the request is for replacement facilities that included structural and/or seismic deficiencies, the cost/benefit analysis must also include a report from a licensed design professional identifying the minimum work necessary to obtain DSA approval. The report must contain a detailed cost estimate of the repairs. The cost/benefit analysis shall not include increased costs associated with high performance related costs or components, with the exception of those high performance components that were pre-existing in the classroom or related facility. The report and cost estimate shall be subject to review by the OPSC for conformance with the Saylor Current Construction Cost Publication and, at the OPSC's discretion, the DSA. For seismic deficiencies of the Most Vulnerable Category 2 Buildings, the report and the cost estimate for the minimum work necessary must be reviewed by the DSA.
(C) The seismic mitigation projects must meet all of the following requirements:
1. The construction contract was executed on or after May 20, 2006;
2. The project funding provided shall be for the minimum work necessary to obtain DSA approval;
3. The building is designed for occupancy by students and staff; and
4. The DSA concurs with a report by a structural engineer, which identifies structural deficiencies that pose an unacceptable risk of injury to its occupants in a seismic event. If the unacceptable risk of injury is due to the presence of faulting, liquefaction or landslide, these hazards must be documented by a geologic hazards report prepared by an engineering geologist in accordance with California Building Code, Part 2, Chapter 18, section 1803A and with the concurrence of the California Geological Survey.
The structural engineer's report shall conform to the guidelines prepared by the DSA, in accordance with Educa-tion Code Section 17310.
(D) Notwithstanding Sections 1859.93 and 1859.93.1, all applications for the seismic mitigation of the Most Vul-nerable Category 2 Buildings shall be funded in the order of receipt of an Approved Application for funding.
(E) If an Application for the seismic mitigation of the Most Vulnerable Category 2 Buildings cannot be fully appor-tioned or approved for placement on the Unfunded List (Lack of AB 55 Loans) because insufficient funding is available, the applicant may accept the remaining funding amount or refuse funding entirely. If partial funding is accepted, the applicant will remain eligible for the additional amount of seismic funds, up to the initial funding request, if funds be-come available within the Seismic Mitigation Program authority amount of $ 199.5 million. If funding is refused, the Board shall consider funding the next project eligible for funding pursuant to this Section.
For any Application for the seismic mitigation of the Most Vulnerable Category 2 Buildings not apportioned or ap-proved for placement on the Unfunded List (Lack of AB 55 Loans) pursuant to this Section, the application shall be re-turned to the applicant.
(2) The classroom or related facility was lost or destroyed as a result of a disaster such as fire, flood or earthquake and the district has demonstrated satisfactorily to the Board that the classroom or related facility was uninsurable or the cost for insurance was prohibitive.
If the district qualifies for a new or replacement school pursuant to either (1) or (2) above, the district is eligible for a New Construction Grant as a new construction project for the lesser of the pupils housed in the replaced facility based on loading standards pursuant to Education Code Section 17071.25(a)(2) or the latest CBEDS enrollment at the site.
If the district qualifies for replacement facilities on the same site pursuant to either (1) or (2) above, the district is eligible for funding as a new construction project. Replacement facilities shall be allowed in accordance with the square footage amounts provided in the chart in Section (b) below. If the facility eligible for replacement is not shown in the chart in Section (b) below, the replacement facility shall be limited to the square footage replaced. The grant amount provided shall be $ 173.30 per square foot for Toilet Facilities and $ 96.30 per square foot for all other facilities. Additional funding may be provided for applicable site development costs pursuant to Section 1859.76, New Construction Excessive Cost Hardship Grant(s) pursuant to Section 1859.83(a), (b) or (d), therapy room pursuant to Section 1859.72, multilevel construction pursuant to Section 1859.73, project assistance pursuant to Section 1859.73.1, and high performance incentive pursuant to Section 1859.77.4 provided that the high performance points attained are related to the scope of the Facility Hardship project. The amounts shown will be adjusted in the manner prescribed in Section 1859.71. For any project funded in whole or in part from any State bond funds for which the construction contract is awarded prior to January 1, 2012, the district may be eligible for the funding provided to initi-ate and enforce a LCP as prescribed in Section 1859.71.4(a). For any project for which the construction contract is awarded on or after January 1, 2012, the grant may be adjusted in the manner prescribed in Section 1859.71.4(c) and subject to the limitations established in Section 1859.71.4(d).
Any grants provided pursuant to either (1) or (2) above will be reduced for any space deemed available by the Board in the district, the HSAA or Super HSAA that could be used to house some or all of the displaced pupils, fifty percent of any insurance proceeds collectable by the district for the displaced facilities and fifty percent of the net proceeds available from the disposition of any displaced facilities.
If the district qualifies for rehabilitation of facilities on the same site pursuant to subsection (a)(1)(A)2, the district is eligible for a seismic rehabilitation grant. The grant provided is pursuant to subsection (a)(1)(A)2 and EC Section 17075.10(b)(2). Additional funding may be provided for a high performance incentive grant pursuant to Section 1859.77.4. For any project for which the construction contract is awarded on or after January 1, 2012, the seismic re-habilitation grant may be adjusted in the manner prescribed in Section 1859.71.4(c) and subject to the limitations es-tablished in Section 1859.71.4(d).
(b) A multi-purpose room, toilet, gymnasium, school administration or library/media center, facility that meets all the following:
(1) The facility was lost or destroyed as a result of a disaster, including but not limited to fire, flood or earthquake.
(2) The facility is no longer useable for school purposes as recommended by the California Department of Educa-tion and approved by the Board.
(3) The district has demonstrated satisfactorily to the Board that the facility was uninsurable or the cost of insur-ance was prohibitive.
If the district qualifies, the district is eligible for funding as a new construction project. The funding amount pro-vided shall be $ 96.30 per square foot for library/media center, school administration, gymnasium and multi-purpose facilities, and/or $ 173.30 per square foot for Toilet Facilities. A New Construction Additional Grant may be provided for applicable site development costs pursuant to Section 1859.76, New Construction Excessive Cost Hardship Grant(s) pursuant to Section 1859.83(a) and (d), therapy room pursuant to Section 1859.72, multilevel construction pursuant to Section 1859.73, project assistance pursuant to Section 1859.73.1, and high performance incentive pursuant to Section 1859.77.4 provided that the high performance points attained are related to the scope of the Facility Hardship project. The amounts shown will be adjusted in the manner prescribed in Section 1859.71. For any project funded in whole or in part from any State bond funds for which the construction contract is awarded prior to January 1, 2012, the district may be eligible for the funding provided to initiate and enforce a LCP as prescribed in Section 1859.71.4(a). For any project for which the construction contract is awarded on or after January 1, 2012, the grant may be adjusted in the manner prescribed in Section 1859.71.4(c) and subject to the limitations established in Section 1859.71.4(d).
Any grants provided pursuant to (b) above, shall be reduced by fifty percent of any insurance proceeds collectable by the district for the displaced facilities and fifty percent of the net proceeds available from the disposition of any displaced facilities.
The square footage provided, after accounting for all useable facilities on the site, shall not exceed the following:
Elementary School Middle School High School
Facility Pupils Pupils Pupils
Multi-Purpose 5.3 sq. ft. per 5.3 sq. ft. per 6.3 sq. ft. per
(includes food pupil minimum pupil minimum pupil minimum
services) 4,000 sq. ft. 5,000 sq. ft. 8,200 sq. ft.
Toilet 3 sq. ft. per pupil 4 sq. ft. per pupil 5 sq. ft. per pupil
minimum 300 sq. ft. minimum 300 sq. ft. minimum 300 sq. ft.
Gymnasium N/A 12.9 sq. ft. per 15.3 sq. ft. per
(inclues pupil minimum pupil minimum
shower/locker) 6,828 sq. ft. 8,380 sq. ft.
maximum maximum
16,000 sq. ft. 18,000 sq. ft.
School 3 sq. ft. per pupil 3 sq. ft. per pupil 4 sq. ft. per pupil
Administration minimum 600 sq. ft. minimum 600 sq. ft. minimum 800 sq. ft.
Library/Media 2.3 sq. ft. per 3.3 sq. ft. per 4.3. sq. ft. per
Center pupil + plus pupil + plus pupil + plus
600 sq. ft. 600 sq. ft. 600 sq. ft.
Any facilities eligible for facility hardship not shown in the above chart or for Alternative Education facilities not shown in the table in Section 1859.77.3(a)(5) shall be eligible for replacement square footage equal to the facilities replaced. For an Alternative Education school eligible for a facility hardship, utilize the square footage provided in Sec-tion 1859.77.3(a)(5), with the exception of toilet and administration where the chart above shall be utilized.
A district may request a determination of eligibility for facility hardship funding in advance of project funding.
(c) A district seeking replaced facilities as a result of either (a) or (b) above must submit Form SAB 50-04 for the replaced facilities:
(1) Within 18 months if the replacement facilities will be located on the same site.
(2) Within 24 months if the replacement facilities will be located on a replacement site.
If an Approved Application for the replaced facility is not accepted within the time periods identified in (c)(1) or (c)(2) above, the Board shall re-review the criteria submitted by the district for replacement of the facility prior to ap-portionment of the replaced facility.
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