1. (a) Participating county matching funds for projects proposed to be financed under these regulations shall be a minimum of ten percent (10%) of the total project costs pursuant to California Government Code Section 15820.926 and may be any combination of cash and/or in-kind match.
2. (b) The BSCC may reduce the matching fund requirements for participating counties with a general population 200,000 or fewer upon petition by a participating county to the BSCC requesting a lower level of matching funds.
3. (c) Cash and in-kind match for Adult Local Criminal Justice Facilities must equal at least 10 percent (10%) of the total eligible project costs for large and medium counties and at least 5 percent (5%) of total eligible project costs for small counties. Counties may use any combination of cash and/or in-kind match to meet the required match amount.

4. (d) Expenditures eligible as cash match for Adult Local Criminal Justice Facilities shall include those for:

   1. (1) Items eligible for state financing;
   2. (2) Project and construction management by consultants or contractors, prior to the establishment of the project by the Board;
   3. (3) Architectural programming and design by consultants or contractors, prior to the establishment of the project by the Board;
   4. (4) Preparation of full or focused environmental reports by consultants or contractors;
   5. (5) Off-site costs, including access roads and utilities development, outside of a reasonable buffer zone surrounding the perimeter of the project facility building and parking lot;
   6. (6) Public art;
   7. (7) Real estate due diligence costs as billed to the county by the state;
   8. (8) State Fire Marshal fees as billed to the county by the state;
   9. (9) Audit of state interim or permanent financing at the conclusion of the project by a contracted auditor;
   10. (10) Needs assessments performed by consultants or contractors;
   11. (11) Transition planning performed by consultants or contractors after June 27, 2012.

5. (e) Expenditures eligible as in-kind match for Adult Local Criminal Justice Facilities shall include the following:

   1. (1) Audit of state interim or permanent financing at the conclusion of the project as performed by an independent county auditor;
   2. (2) A needs assessment study as performed by county personnel;
   3. (3) Current fair market value supported by an independent appraisal of on-site land cost/value only of new facility construction, or on-site land cost/value of a closed facility that will be renovated and reopened, and/or on-site land used for expansion of an existing facility. Costs cannot be claimed for land that is under an existing operational local jail facility;
   4. (4) County administration where the staff salary/benefits are directly related to the construction project for activities after June 27, 2012; and,
   5. (5) Transition planning, including staff salary/benefits directly related to the construction project for activities after June 27, 2012.
6. (f) To qualify as match, local expenditures must be directly for the Adult Local Criminal Justice Facilities Construction Financing Program project.

Note: Authority cited: Section 15820.925, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.925 and 15820.926, Government Code.

History

1. New section 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.

2. New section 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.

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

4. Amendment of section heading filed 6-18-2015 as an emergency; operative 6-18-2015 (Register 2015, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-15-2015 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 6-18-2015 order transmitted to OAL 11-13-2015 and filed 12-24-2015 (Register 2015, No. 52).