1. (a) To be eligible for participation in Phase II of the Local Jail Construction Financing Program, a county shall:

   1. (1) Complete the application process described in Section 1730.1 of these regulations;
   2. (2) Complete or update a needs assessment study as prescribed in Section 1731 of these regulations;
   3. (3) Provide match as specified in Section 1714.1 of these regulations;

2. (b) If the conditions in subsection (a) of this regulation are met counties may apply for reimbursement for the following:

   1. (1) Costs of construction of the BSCC-approved local jail facility project including site preparation; architectural programming and design (by consultants or contractors); construction management (for activities by consultants or contractors); building permit fees, sewer/utility use or unit fees, and for building inspection fees; fixed equipment and fixed furnishings, and installation of fixed equipment and fixed furnishings necessary for the operation of the facility; and moveable equipment and moveable furniture (subject to State review and approval); not to exceed ninety percent (90%) of the total eligible project costs.
3. (c) Costs in excess of ninety percent (90%) of the total eligible project costs, including higher than expected construction bids, unanticipated costs and cost overruns shall be funded by the county.

4. (d) Projects or items not eligible under these regulations shall include, but not be limited to, the following:

   1. (1) Temporary holding or court holding facilities.
   2. (2) Local jail facilities or portions thereof operated by jurisdictions other than counties. City, state and federal facilities are not eligible.
   3. (3) Lease or rent of land; personnel or operational costs; supplies; bonus payments; and debt service or interest payments on indebtedness required to finance the county's share of project costs.

Note: Authority cited: Section 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.911, 15820.916 and 15820.917, Government Code; and Sections 3073 and 6270, Penal Code.

History

1. New section filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).

4. Amendment of subsection (b)(1) filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.

5. Amendment of subsection (b)(1) refiled 7-7-2014 as an emergency; operative 7-7-2014 (Register 2014, No. 28). A Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 7-7-2014 order transmitted to OAL 9-29-2014 and filed 11-6-2014 (Register 2014, No. 45).