Cal. Code Regs. tit. 2 § 1859.82.2

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 1859.82.2 - Seismic Mitigation Program

"School Building" for the purposes of this Section shall have the same definition as Education Code Section 17283 and shall also exclude any districtwide administrative facilities.

A school district is eligible for funding to repair, reconstruct, or replace the Most Vulnerable Category 2 Buildings which were originally constructed to be used as School Facilities and pose an unacceptable risk of injury to its occupants in the event of seismic activity. Program eligibility is determined by the DSA while determination of grant funding is determined by the Board based on the following criteria.

Notwithstanding Sections 1859.93 and 1859.93.1, all applications for the seismic mitigation of the Most Vulnerable Category 2 Buildings shall be funded in the order of receipt of an Approved Application for funding. Any grants provided for the purpose of this section shall be provided as a new construction project and allocated on a 50 percent state share basis.

(a) 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 School 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. The structural engineers report shall conform to the guidelines prepared by the DSA, in accordance with Education Code Section 17310.

If the unacceptable risk of injury is due to the presence of faulting, liquefaction or landslide, these hazards must be documented by a geological hazards report prepared by an engineering geologist in accordance with California Building Code, Part 2, Chapter 18, Section 1803 A and with concurrence of the California Geological Survey.

(b) To qualify for replacement funding for School Buildings, the district must submit an Approved Application for funding based on their specific circumstances in accordance to either (1) or (2) below:

(1) For School Buildings that are lost, destroyed, or unable to be repaired the district must submit:

(A) A report from a licensed design professional (a design professional licensed by the appropriate State of California oversight authority) identifying the School Buildings that are the Most Vulnerable Category 2 building(s) and;

(B) DSA letter(s) of concurrence to the findings in the report required in (b)(1)(A);

(C) If the collapse potential is due to faulting, liquefaction, or landslide, or if it is otherwise required by DSA for project approval, the district must submit 1. and 2. below:

1. A geological hazards report prepared by an engineering geologist indicating the potential for building displacement and recommended site improvements to mitigate the hazard

2. Concurrence to the report from the California Geological Survey.

(D) Documentation which demonstrates that the facilities in the project must be reconstructed in order to house the current enrollment of the District.

(2) For School Buildings with interior square footage to be mitigated, the district must submit:

(A) A report from a licensed design professional (a design professional licensed by the appropriate State of California oversight authority) identifying the structural deficiencies that pose an unacceptable risk of injury to its occupants in a seismic event and the minimum mitigation work necessary to obtain DSA approval.

(B) DSA letter(s) of concurrence to the report

(C) If the collapse potential is due to faulting, liquefaction, or landslide, or if it is otherwise required by DSA for project approval the district must submit 1. and 2. below:

1. A geological hazards report prepared by an engineering geologist indicating the potential for building displacement and recommended site improvements to mitigate the hazard

2. Concurrence to the report from the California Geological Survey.

(D) Documentation that demonstrates that the facilities in the project must be reconstructed in order to house the current enrollment of the district.

(E) A detailed Form SAB 58-01 that meets the following requirements:

1. The Form SAB 58-01 must use the most current edition of the Current Construction Remodeling and Repair Cost publication by Sierra West Publishing. For all materials or items listed in the most current edition of the Current Construction Remodeling and Repair Cost publication, amounts entered on the Form SAB 58-01 must use the provided unit costs. For individual materials or items that are not contained in the most current edition of the Current Construction Remodeling and Repair publication, the district must provide supporting documentation for OPSC to review the requested unit cost.

2. All requested line items shall include Construction Specifications Institute reference number (CSI #), description, quantity, unit, cost per unit, and District's request. Any line items that include amounts in lump-sum formats will not be reviewed or approved.

3. The work in the Form SAB 58-01 shall match the work outlined in the report provided by the industry specialist (a person or entity that specializes in the specific area of expertise for that health and safety issue) for the minimum work that would be required to mitigate the seismic threat if the School Building were to be rehabilitated instead of replaced.

4. The Form SAB 58-01 may also include any ancillary work required by DSA to obtain plan approval for the minimum work required to mitigate the seismic threat.

(F) A cost/benefit analysis that demonstrates that the minimum work to mitigate the seismic threat and remain in the School Building(s) exceeds 50 percent of the Current Replacement Cost.

(G) All other documents required to complete an Approved Application for funding. This includes:

1. A completed Application For Funding (Form SAB 50-04).

2. The DSA Plan Approval letter for the project or documentation from DSA verifying that the project is exempt from their approval process.

3. CDE Plan Approval letter for the project or documentation from CDE verifying that the project is exempt from their approval process.

4. If the project is for a high school site, a letter or meeting minutes from the district's Career and Technical Education Advisory Committee (CTEAC) certifying that the district is in compliance with all career technical facility needs and assessments as outlined in Education Code, Section 17070.955.

(3) Applications for seismic mitigation replacement funding that do not meet the requirements of (1) or (2) above shall be returned without review.

(4) If the district qualifies for Replacement funding in accordance to (a)(1) or (a)(2) above, the district is eligible to receive funding for the project as follows:

(A) If the district is required to replace the entire site and relocate to a new site, the district is eligible to receive funding as follows:

1. A New Construction Grant will be provided for the lesser of 2. or 3. below.

2. The classroom capacity determined by multiplying the number of classrooms on the project site being replaced by:

a. 25 pupils for each K-6 classroom.

b. 27 pupils for each 7-12 classroom.

c. 13 pupils for each Non-Severely Disabled Individuals with Exceptional Needs classroom.

d. 9 pupils for each Severely Disabled Individuals with Exceptional Needs classroom.

3. The higher of a., b., or c. below:

a. The CBEDS Report of the current enrollment reporting year at the existing project site.

b. The average CBEDS Report of the current enrollment reporting year and two immediately preceding enrollment reporting years at the existing project site.

c. If the site is closed, use the CBEDS Report of the last enrollment reporting year in which the site was open.

4. Additional funding may be provided, as applicable, for:

a. Fire code requirements pursuant to Section 1859.71.2,

b. therapy room pursuant to Section 1859.72,

c. multilevel construction pursuant to Section 1859.73,

d. project assistance pursuant to Section 1859.73.1.

e. replacement with multistory construction pursuant to Section 1859.73.2,

f. site acquisition pursuant to Sections 1859.74, 1859.74.5 and 1859.75,

g. Hazardous waste removal pursuant to Sections 1859.74.2, 1859.74.3 and 1859.74.4,

h. Applicable site development costs pursuant to Section 1859.76, and

i. New construction Excessive Cost Hardship Grant for geographic location pursuant to Section 1859.83(a),

j. New construction Excessive Cost Hardship Grant for small size projects pursuant to Section 1859.83(b),

k. New construction Excessive Cost Hardship Grant for new school projects pursuant to Section 1859.83(c),

l. New construction Excessive Cost Hardship Grant urban location, security requirements and impacted site pursuant to Section 1859.83(d).

(B) If the district qualifies to replace some but not all School Buildings on the project site, funding will be based on the Square Footage of the School Buildings replaced and is capped by the lesser of the amount provided in accordance to the chart below and the Square Footage constructed for each category as justified by enrollment at the project site as follows:

1. The enrollment at the project site, is determined by the higher of a. or b. below, or c.:

a. The CBEDS Report of the current enrollment reporting year at the existing project site.

b. The average CBEDS Report of the current enrollment reporting year and two immediately preceding enrollment reporting years at the existing project site.

c. If the site is closed, use the CBEDS Report of the last enrollment reporting year in which the site was open.

2. Using the enrollment determined in 1. any permanent replacement Square Footage provided in accordance to a. and b. below will be calculated in accordance to the chart below.

a. Non-specialized classroom space provided is limited by the enrollment determined in Section 1859.82.2(b)(4)(B)1. rounded up to the nearest whole classroom based on Section 1859.82.2(b)(4)(A)2., and reduced for any space available to house the displaced pupils.

b. Classrooms with specialized design such as auto shop, metal shop, music rooms, consumer home economic laboratories, industrial technology laboratories, or science laboratories will qualify for funding if used for its specialized purpose in the current enrollment reporting year or immediately preceding enrollment reporting year. Additionally, these spaces will not count as available capacity for purposes of providing funding in this section when calculating space available to house displaced pupils.

c. Any space not in the chart below will be provided based on the Square Footage replaced. This may include but is not limited to janitor's closets, hallways, workrooms, and vestibules.

*Facility*	*Elementary School Pupils*	*Middle School Pupils*	*High School Pupils*
Multi-Purpose (includes food service)	5.3 sq. ft. per pupil minimum 4,000 sq. ft.	5.3 sq. ft. per pupil minimum 5,000 sq. ft.	6.3 sq. ft. per pupil minimum 8,200 sq. ft.

Toilet	3 sq. ft. per pupil minimum 300 sq. ft.	4 sq. ft. per pupil minimum 300 sq. ft.	5 sq. ft. per pupil minimum 300 sq. ft.

Gymnasium (includes shower/locker area)	N/A	12.9 sq. ft. per pupil minimum 6,828 sq. ft. maximum 16,000 sq. ft.	15.3 sq. ft. per pupil minimum 8,380 sq. ft. maximum 18,000 sq. ft.

School Administration	3 sq. ft. per pupil minimum 600 sq. ft.	3 sq. ft. per pupil minimum 600 sq. ft.	4 sq. ft. per pupil minimum 800 sq. ft.

Library/Media Center	2.3 sq. ft. per pupil plus 600 sq. ft., minimum 960 sq. ft.	3.3 sq. ft. per pupil plus 600 sq. ft. minimum 960 sq. ft.	4.3 sq. ft. per pupil plus 600 sq. ft. minimum 960 sq. ft.

Kindergarten Classrooms (including Transitional Kindergarten)	1,350 sq. ft. for each replacement classroom.	NA	NA

Classrooms (1st-12th grade)	960 sq. ft. for each replacement classroom	960 sq. ft. for each replacement classroom	960 sq. ft. for each replacement classroom

Computer instructional support area and Industrial and Technology/Education Laboratory	960 sq. ft. for each replacement classroom.	960 sq. ft. for each replacement classroom.	960 sq. ft. for each replacement classroom.

Laboratory Classrooms (including science and consumer home economics)	1,300 sq. ft. for each replacement classroom.	1,300 sq. ft. for each replacement classroom.	1,300 sq. ft. for each replacement classroom.

d. Beginning August 31, 2020, the resulting Square Footage amount(s) shall be multiplied by $204 per square foot for all non-Toilet Facilities and by $366 per square foot for Toilet Facilities (includes shower/locker area and physical therapy area for Individuals with Exceptional Needs).

3. Additional funding may be provided, as applicable, for:

a. therapy room pursuant to Section 1859.72,

b. multilevel construction pursuant to Section 1859.73,

c. project assistance pursuant to Section 1859.73.1.

d. replacement with multistory construction pursuant to Section 1859.73.2,

e. site acquisition pursuant to Section 1859.74,

f. Hazardous waste removal pursuant to Sections 1859.74.2, 1859.74.3 and 1859.74.4,

g. Applicable site development costs pursuant to Section 1859.76, and

h. Excessive Cost Hardship Grant for geographic location pursuant to Section 1859.83(a), and

i. Excessive Cost Hardship Grant for small size projects pursuant to Section 1859.83(b).

(C) If the district qualifies for replacement funding, the funding may be used to rehabilitate the facility as long as the seismic hazard is fully mitigated. If replacement funding is used for rehabilitation work, the district may request the following supplemental grants, as applicable, for:

1. Fire code requirements pursuant to Section 1859.71.2 if the funding is based on a per-pupil basis pursuant to Section 1859.82.2(b)(4)(A),

2. Therapy room pursuant to Section 1859.72,

3. Project assistance pursuant to Section 1859.73.1,

4. Excessive Cost Hardship Grant for geographic location pursuant to Section 1859.83(a),

5. Excessive Cost Hardship Grant for small size projects pursuant to Section 1859.83(b), and

6. Excessive Cost Hardship Grant for urban location, security requirements and impacted site pursuant to Section 1859.83(d).

(c) Districts may qualify for seismic mitigation funding to rehabilitate their School Buildings including lunch shelters and covered walkways, exterior square footage of School Buildings, or site conditions. Factors to be considered by the Board may include (1) or (2) below:

(1) School Buildings where the minimum cost to rehabilitate and remain in the School Building is 50 percent or less of the Current Replacement Cost.

(2) Square footage of the Most Vulnerable Category 2 School Buildings, covered walkways, and lunch shelters that need repair or replacement to mitigate a collapse potential in the event of seismic activity as confirmed by the DSA.

(3) To qualify for seismic mitigation rehabilitation funding, the district must submit an Approved Application for funding as well as all documents outlined below. Applications that do not meet these requirements will be returned without review.

(B) DSA letter(s) that concur to the findings and minimum mitigation work outlined in the report required by (b)(1)(A).

(C) If the collapse potential is due to faulting, liquefaction, or landslide, or if it is otherwise required by DSA for project approval, the district must submit 1. and 2. below:

1. A geological hazards report prepared by an engineering geologist in accordance with California Building Code, Part 2, Chapter 18, Section 1803 A and with the concurrence of the California Geological Survey.

2. Concurrence to the report in 1. from the California Geological Survey.

(D) A detailed Form SAB 58-01 that meets the following requirements:

3. The work in the Form SAB 58-01 shall match the work outlined in the report provided by the industry specialist (a person or entity that specializes in the area of expertise for that health and safety issue) for the minimum work required to mitigate the seismic threat. The Form SAB 58-01 submitted to OPSC shall be for the same scope of work reviewed and concurred to by DSA, and that is referenced in the governmental concurrence letter for the project.

4. The Form SAB 58-01 may also include any ancillary work required by DSA to obtain plan approval for the minimum work required to mitigate the seismic threat.

(E) A cost/benefit analysis that demonstrates that the minimum work to mitigate the seismic threat and remain in the School Building(s) is less than 50 percent of the Current Replacement Cost.

(F) All other documents required to complete an Approved Application for funding. This includes:

1. A completed Application For Funding (Form SAB 50-04).

2. The DSA Plan Approval letter for the project or documentation from DSA verifying that the project is exempt from their approval process.

3. CDE Plan Approval letter for the project or documentation from CDE verifying that the project is exempt from their approval process.

(4) If the district qualifies for seismic mitigation funding to repair their permanent School Buildings, the district is eligible to receive funding for the project as follows:

(A) The Seismic Rehabilitation Grant based on 50 percent of the eligible costs in the Form SAB 58-01 required in Section 1859.82.2(c)(3)(D) that have been reviewed by OPSC and approved by the Board.

(B) If the district qualifies for rehabilitation funding, the funding may be used towards the replacement of the facility as long as the qualifying seismic threat is fully mitigated.

(C) Applicable supplemental grants may be provided for the following:

1. project assistance pursuant to Section 1859.73.1.,

2. Excessive Cost Hardship Grant for geographic location pursuant to Section 1859.83(a), and

3. Excessive Cost Hardship Grant for accessibility and fire code requirements in accordance with Section 1859.83(e)(3).

(d) Any grants provided in accordance to (b) or (c) above shall be adjusted as follows:

(1) For projects funded in accordance to (b) above:

(A) Reduced for any space deemed available by the Board in the district, HSAA, or Super HSAA that could be used to house some or all of the displaced pupils in the project,

(B) Reduced by 50 percent of any insurance proceeds collected by the district for the project. Any insurance proceeds collected after Apportionment shall be reported to OPSC and the Apportionment will be amended accordingly.

(C) Reduced by 50 percent of the net proceeds available from the disposition of the property and/or facilities in the project.

(2) For projects funded in accordance to (c) above:

(A) 50 percent of any insurance proceeds collectable by the district for the project.

(B) 50 percent of the net proceeds available from the disposition of any displaced facilities in the project.

(e) Adjustments to School Facility Program per-pupil grants.

(1) The district's New Construction Eligibility will be adjusted for any net increase in classroom capacity in the project pursuant to Section 1859.51(i).

(2) The baseline eligibility for modernization as provided in Section 1859.60 will be adjusted for any funding received in accordance to (b) above. The age of the classroom and Square Footage in the project shall be reset to the date of the Apportionment for the project.

(f) Districts that qualify for Financial Hardship assistance may file an application for design funding, site funding, and determination of program eligibility in advance of construction funding.

(1) To request advanced funding for design for eligible projects, the district must submit an Application for Funding (Form SAB 50-04) indicating the request for design funding and all documents listed in Section 1859.82.2(c)(3)(A) through Section 1859.82.2(c)(3)(E).

(2) Advanced funding for design shall be provided based on the eligible project type as follows:

(A) For projects receiving funding for advanced design for the replacement of all School Buildings on the project site, pursuant to Section 1859.82.2(b)(4)(A), the Board will apportion an amount not to exceed 40 percent of the New Construction Grant less any district funds available for the project pursuant to Section 1859.81(a).

(B) For projects receiving funding for advanced design for at least one but not all School Buildings on the project site pursuant to Section 1859.82.2(b)(4)(B), the Board will apportion an amount not to exceed 40 percent of the Facility Hardship Square Footage Grant less any district funds available for the project pursuant to Section 1859.81(a).

(C) For projects receiving funding for advanced design for a Seismic Rehabilitation Grant pursuant to Section 1859.82.2(c), the Board will apportion an amount not to exceed 25 percent of the costs determined pursuant to Section 1859.82.2(c)(4)(A) less any district funds available for the project pursuant to Section 1859.81(a).

(3) Advanced funding for site shall be provided pursuant to Section 1859.82.2(b)(4)(A)4. The district is eligible for advanced funding for site acquisition as calculated pursuant to Section 1859.81.1.

(4) The amount apportioned for advanced design is an estimate of the funds needed for design, engineering, and other pre-construction project costs. Qualifying districts may request a separate Apportionment for the design and for site acquisition for the same seismic mitigation project.

(5) The district is required to submit an Approved Application for funding and an updated Form SAB 58-01 for projects funded in accordance with Section 1859.82.2(c) or site development worksheet for projects funded in accordance with Section 1859.82.2(b), that reflects the final approved drawings for the project within:

(A) 18 months from the date of Apportionment if the project scope will be for repair or replacement on the same site.

(B) 24 months from the date of Apportionment if the project scope is for the replacement of School Building(s) which will be located on a replacement site.

(6) If the district does not submit the Approved Application for funding within the timelines required by Section (2) above, the application will be reduced to eligible costs incurred.

(7) Upon receipt of the Approved Application, the application will be reviewed for conformance with all program laws and regulations.

(8) Any funding provided in Section 1859.82.2 shall be offset by any advanced design funding previously provided for the project pursuant to Section 1859.82.2(f)(2).

Cal. Code Regs. Tit. 2, § 1859.82.2

1. New section 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.
2. Editorial correction of subsection (b)(4)(B)2.c. (Register 2021, No. 25).
3. Certificate of Compliance as to 8-30-2020 order, including amendment of second paragraph and subsections (b)(1)(A), (b)(2)(A), (b)(2)(E)3., (b)(4)(A)4.f.-g., (b)(4)(B)3.f., (c)(3)(A) and (c)(3)(D)3., transmitted to OAL 5-5-2021 and filed 6-16-2021; amendments operative 6-16-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 25).

Note: Authority cited: Section 17070.35, Education Code. Reference: Sections 17075.10, 17075.15, 101012(a)(1) and 101122, Education Code.

1. New section 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.
2. Editorial correction of subsection (b)(4)(B)2.c. (Register 2021, No. 25).
3. Certificate of Compliance as to 8-30-2020 order, including amendment of second paragraph and subsections (b)(1)(A), (b)(2)(A), (b)(2)(E)3., (b)(4)(A)4.f.-g., (b)(4)(B)3.f., (c)(3)(A) and (c)(3)(D)3., transmitted to OAL 5-5-2021 and filed 6-16-2021; amendments operative 6/16/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 25).