Cal. Code Regs. tit. 2 § 1859.74.3

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 1859.74.3 - New Construction Additional Grant for Incidental Site and Hazardous Waste Removal for Leased Sites

When a district has requested funding on a vacant leased site pursuant to Section 1859.22 that was never used for school purposes and a site evaluation requires a RA, the Board shall provide funding, in addition to any other funding authorized by these Regulations for one and one half times the appraised valuation that conforms to Section 1859.74.1. The allowable site costs shall not exceed 50 percent of one and one half times the value of an appraisal that conforms to Section 1859.74.1 for the costs in subsections (a), (a)(1) and (a)(2) plus the additional costs included in (b) and (c). The costs in (b) and (c) are in addition to 50 percent of one and one half times the appraisal value cap:

(a) The costs associated with the site acquisition and to implement the RA as determined necessary in the PEA that has been approved by the DTSC subject to the following:

(1) The costs for preparation of the RA.

(2) The DTSC costs for review and oversight of the preparation and implementation of the RA. The costs may not include continuous operational and maintenance costs associated with the RA.

(b) Fifty percent of the approved relocation expenses that conform to Title 25, Division 1, Chapter 6, Subchapter 1, California Code of Regulations, (Section 6000, et seq.). The reasonable and necessary relocation costs for purchasing fixtures and equipment, personal property, new machinery/equipment and the installation of any improvements at the replacement residence or business location may be included as relocation assistance.

(c) Not less than 50 percent of $50,000 or 50 percent of four percent of the appraised value. This amount shall provide an allowance for any appraisal, escrow, survey, site testing, CDE review/approvals and the preparation of the POESA and the PEA.

(d) The limitation of 50 percent of one and one half times the value of an appraisal for costs in subsections (a), (a)(1) and (a)(2) may be exceeded when the Board finds that unforeseen circumstances exist, and both of the following exist:

(1) CDE determines that the site is the best available site for meeting the educational and safety needs of the School District.

(2) Substantiation that the costs are limited to the minimum required to complete the evaluation and RA approved by the DTSC.

(e) If the toxics evaluation of the leased site does not require a RA, then the allowable site costs shall not exceed the lesser of one half the appraised or actual purchase price plus the additional amounts provided in Section 1859.74.

The appraised value of the site 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, § 1859.74.3

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 section heading and first paragraph 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.
3. Amendment of section and NOTE filed 2-27-2003 as an emergency; operative 2-27-2003 (Register 2003, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-27-2003 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section and NOTE refiled 6-19-2003 as an emergency; operative 6-19-2003 (Register 2003, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2003 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and NOTE refiled 10-10-2003 as an emergency; operative 10-10-2003 (Register 2003, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2004 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
7. Certificate of Compliance as to 10-10-2003 order transmitted to OAL 2-9-2004 and filed 3-23-2004 (Register 2004, No. 13).

Note: Authority cited: Sections 17070.35 and 17072.13, Education Code. Reference: Sections 17070.71, 17072.12 and 17251, 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 section heading and first paragraph 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.
3. Amendment of section and Note filed 2-27-2003 as an emergency; operative 2-27-2003 (Register 2003, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-27-2003 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section and Note refiled 6-19-2003 as an emergency; operative 6-19-2003 (Register 2003, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2003 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and Note refiled 10-10-2003 as an emergency; operative 10-10-2003 (Register 2003, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2004 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
7. Certificate of Compliance as to 10-10-2003 order transmitted to OAL 2-9-2004 and filed 3-23-2004 (Register 2004, No. 13).