1. (a) If the Preliminary Application includes a request for site acquisition funding, the preliminary value of the proposed site shall be the sum of the following:

   1. (1) The value of the property determined by one of the following:

      1. (A) By an appraisal or a preliminary appraisal of the property made no more than six months prior to the date the Preliminary Application was submitted to the OPSC, using the guidelines outlined in Section 1859.74.1. The preliminary appraisal may be made without access to the property. The acreage identified in the appraisal or the preliminary appraisal may not exceed the proposed useable acreage requested on Form SAB 50-08.
      2. (B) The Median Cost of an acre of land in the General Location of the proposed project using historical information in the General Location multiplied by the number of proposed useable acres requested on Form SAB 50-08. Historical information that may be considered to determine land cost may include prior real-estate sales consummated and documented by the county recorder or pending real-estate sales documented by a title insurance company's escrow instructions. For purposes of historical information, include all real-estate sales consummated and documented by the county recorder for a minimum of six months and a maximum of up to two years prior to the date the Preliminary Application was submitted to the OPSC.

   2. (2) An amount for the estimated relocation cost and the estimated DTSC costs for review, approval and oversight of the POESA and the PEA as determined by one of the following:

      1. (A) 21 percent of the value determined in (a)(1).

      2. (B) The sum of the following:

         1. 1. The approved relocation expenses for the specific site to be acquired that conform to Title 25, California Code of Regulations, Section 6000, et. seq.
         2. 2. The DTSC cost for review, approval, and oversight of the POESA and the PEA for the specific site to be acquired.
      3. (C) The estimated relocation cost and the estimated DTSC costs for review, approval and oversight of the POESA and the PEA using historical information in the General Location. Historical information that may be considered to determine these estimated costs may include prior real-estate acquisitions of the district or other districts in the General Location.
   3. (3) Four percent of the amount determined in (a)(1), but not less than $50,000. This amount shall provide an allowance of any appraisal, escrow, survey, site testing, CDE review/approvals and preparation of the POESA and the PEA.
   4. (4) For allowable costs of hazardous material/waste removal and remediation costs, one-half times the value of the property determined in either (a)(1)(A) or (a)(1)(B), above.

2. (b) If the Preliminary Application includes a request for hazardous waste removal required on an existing school site, the preliminary value for site acquisition funding shall be the sum of the following:

   1. (1) With the exception of projects that received initial site acquisition funds under the SFP, the Board shall provide an amount for the necessary hazardous waste materials/waste removal and/or remediation costs on an existing school site where the Preliminary Apportionment will be used if all the following are met:

      1. (A) The Preliminary Application request is for additional school facilities on an existing school site.
      2. (B) The Preliminary Application request does not include a funding request for site acquisition costs allowed pursuant to Section 1859.145.1(a).
      3. (C) The existing school site where the Preliminary Apportionment will be expended has a functioning school on the site or the site had a closed school that will again be used as a functioning school.
      4. (D) The hazardous material cleanup costs are required by the DTSC.

   2. (2) If all the criteria in subsection (b) are met, the allowable hazardous waste removal cleanup costs shall be all the following:

      1. (A) The costs for preparation of the POESA, the PEA and the RA.

      2. (B) The costs to implement the RA as determined necessary in the PEA that has been approved by the DTSC subject to the following:

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

Note: Authority cited: Sections 17070.35 and 17075.15, Education Code. Reference: Sections 17072.13, 17072.18, 17078.10 and 17078.24, Education Code.

History

1. New section 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.

2. Amendment of section and Note filed 2-13-2003 as an emergency pursuant to Education Code section 17078.64(b); operative 2-13-2003 (Register 2003, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-13-2003 or emergency language will be repealed by operation of law on the following day.

3. Amendment of section and Note refiled 6-13-2003 as an emergency; operative 6-13-2003 (Register 2003, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-13-2003 or emergency language will be repealed by operation of law on the following day.

4. Amendment of section and Note refiled 10-9-2003 as an emergency; operative 10-9-2003 (Register 2003, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-6-2004 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).

6. Certificate of Compliance as to 10-9-2003 order transmitted to OAL 2-6-2004 and filed 3-23-2004 (Register 2004, No. 13).

7. Amendment of subsections (a)(1), (a)(2) and (b)(2)(B) filed 6-1-2004 as an emergency; operative 6-1-2004 (Register 2004, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or emergency language will be repealed by operation of law on the following day.

8. Amendment of section and Note filed 7-2-2004; operative 7-2-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 27).

9. Certificate of Compliance as to 6-1-2004 order transmitted to OAL 9-29-2004 and filed 11-10-2004 (Register 2004, No. 46).

10. Amendment of subsection (a)(1)(B) filed 3-2-2005; operative 3-2-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 9).